Jersey Judgment

AG -v- Scobie [2009] JRC 250 (18 December 2009)

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Research organized from the available case record

Source document

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 Bell

Amounts and remedies

  • Cannabis Seized: 850
  • Total Imprisonment (months): 21
  • Driving Disqualification (years): 2

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

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

  1. 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

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Judgment reading view

Judgment text

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Source document

Court record

Judgment

[2009] JRC 250

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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Authorities

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Campbell & Others-v-AG [1995] JLR 136

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