AG -v- Scobie [2009] JRC 250 (18 December 2009)
- Citation
- [2009] JRC 250
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Sentencing
More details
- Posture
- Criminal / Sentencing
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Given the seriousness and repetition of the offences, especially driving while disqualified and uninsured, and offending while on bail, a custodial sentence is mandatory, but mitigation for guilty plea and personal circumstances justifies a reduced term.
Court disposition
convicted and sentenced
Orders
- 21 months' imprisonment
- disqualification from driving for 2 years
- forfeiture and destruction of the drugs
02
Material facts
Parties
[Defendant Name Not Provided]
Defendant Counsel: Mr BellAmounts and remedies
- Cannabis Seized: 850
- Total Imprisonment (months): 21
- Driving Disqualification (years): 2
03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
appropriate sentence for possession with intent to supply cannabis
- 02
appropriate sentence for driving offences while disqualified and uninsured
- 03
mitigation for guilty plea and personal circumstances
Party arguments
- Applicant
- The defendant pleaded guilty to all drug offences, is 51 years old, and has realised the need to change his ways, as supported by reports and a personal letter.
- Respondent
- The defendant has a poor record, offended while on bail, and this is the third time driving without insurance, which poses serious risks to others.
05
Court’s reasoning
Legal principles
- 01
Campbell & Others-v-AG [1995] JLR 136
No alternative to a prison sentence for repeated serious offences, but mitigation can reduce the sentence.
06
Ratio, limits and disposition
Ratio decidendi
Given the seriousness and repetition of the offences, especially driving while disqualified and uninsured, and offending while on bail, a custodial sentence is mandatory, but mitigation for guilty plea and personal circumstances justifies a reduced term.
Obiter and limits
- Hopefully, the defendant has realised the time has come to break the patterns of the past.
Court disposition
convicted and sentenced
- 21 months' imprisonment
- disqualification from driving for 2 years
- forfeiture and destruction of the drugs
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
JUDGMENT THE BAILIFF: 1. You were found in possession with intent to supply 850 grams of cannabis and you were also found in possession of various other small drugs for personal use. You also drove without insurance and drove whilst disqualified and this is the third time that you have driven without insurance and the consequences for others if you crash into them can be very serious in such cases. You offended whilst on bail and you have a very poor record.
2. In mitigation, Mr Bell has urged the fact that you did plead guilty to all the drug offences and this was a plea of some value, but most particularly, he says that, at the age of 51, you have now realised you have got to change your ways; otherwise you are just going to carry on as you have in past, which is clearly not ideal. We have read the reports and we accept that, hopefully, you have realised the time has come to break the patterns of the past. We have read your letter and we have taken careful note of it. Nevertheless, as your counsel has realistically accepted, there is no alternative to a prison sentence but we do feel that we can reduce the conclusions slightly.
3. On the First Indictment: Count 1; 1 week, Count 2; 3 weeks, Count 3; 12 months, Count 5; 3 weeks, Count 6; 12 months and Count 7; 12 months, but all of those to be concurrent. And then in relation to the Second Indictment, Count 1; 8 months and Count 2; 9 months, we are reducing that from 12 months, all of those to be concurrent but consecutive to the others, making a total of 21 months' imprisonment and we impose a disqualification from driving for 2 years.
4. We order the forfeiture and destruction of the drugs. Authorities Campbell & Others-v-AG [1995] JLR 136 . Page Last Updated: 29 Jul 2016 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
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