Jersey Judgment

AG v Swift [2000] JRC 83 (15 May 2000)

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Research organized from the available case record

Source document

01

Holding and result

Custodial sentence is mandatory due to the defendant's involvement in drug supply, aggravating circumstances, and subsequent offences; mitigating factors justify a reduced starting point.

Court disposition

conviction and custodial sentence

Orders

  • 8 months' imprisonment on count 1
  • 2 weeks' imprisonment on count 2, concurrent
  • 6 months' imprisonment on count 3, concurrent
  • 2 months' imprisonment on count 4, consecutive
  • total of 10 months' imprisonment
  • forfeiture and destruction of the drugs

02

Material facts

Parties

Swift

Defendant Counsel: Defence Counsel

Attorney General

Prosecutor

Amounts and remedies

  • Imprisonment Count 1: 8
  • Imprisonment Count 2: 0.5
  • Imprisonment Count 3: 6
  • Imprisonment Count 4: 2
  • Total Imprisonment: 10

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

Party arguments

Applicant
Defence Counsel submitted that a lower starting point was appropriate based on sentencing guidelines and mitigating factors.
Respondent
The prosecution highlighted the defendant's involvement in drug supply, use of his flat for drug taking, and subsequent drug-related charges as aggravating features.

05

Court’s reasoning

  1. 01

    Campbell, MacKenzie & Molloy -v- A. G. (1995) JLR 135 CofA

    Sentencing guidelines for drug offences require consideration of aggravating and mitigating factors.

06

Ratio, limits and disposition

Ratio decidendi

Custodial sentence is mandatory due to the defendant's involvement in drug supply, aggravating circumstances, and subsequent offences; mitigating factors justify a reduced starting point.

Obiter and limits

  • Allowing a flat to be used for drug taking is an aggravating feature.

Court disposition

conviction and custodial sentence

  • 8 months' imprisonment on count 1
  • 2 weeks' imprisonment on count 2, concurrent
  • 6 months' imprisonment on count 3, concurrent
  • 2 months' imprisonment on count 4, consecutive
  • total of 10 months' imprisonment
  • forfeiture and destruction of the drugs

Source and reliance status

Official court record

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Judgment reading view

Judgment text

The complete available source text.

Source document

Court record

Judgment

[2000] JRC 83

JUDGMENT THE BAILIFF: 1. The Court has given anxious consideration to this case but at the end of the day the Defendant was dealing in drugs, albeit at the lower end of the scale, and furthermore was allowing his flat to be used for the taking of drugs which we regard as an aggravating feature. In addition, since being arrested for the offences for which he is now to be sentenced, he has been charged with another drugs offence. Taking all those facts into consideration the Court cannot avoid imposing a custodial sentence.

2. We do accept, however, the submissions of Defence Counsel that a lower starting point is appropriate having regard to the guidelines in A. G. -v- Campbell, MacKenzie and Molloy-v-A. G. (1995) JLR 135 CofA. Taking into consideration all the circumstances we think that the right starting point on count 1 - supplying drugs in the quantity involved in this case - is one of 12 months' imprisonment.

3. Having given weight to all mitigating factors, Swift, on count 1 you will be sentenced to 8 months' imprisonment; count 2, 2 weeks imprisonment, concurrent; count 3, 6 months' imprisonment, concurrent; count 4, 2 months' imprisonment consecutive; making a total of 10 months' imprisonment and we order the forfeiture and destruction of the drugs. Authorities A. G. -v- Buesnel (21st August, 1996) Jersey Unreported. A. G. -v- Jones (1 st May, 1998) Jersey Unreported. A. G. -v- Spencer (13th June, 1997) Jersey Unreported. Campbell, MacKenzie & Molloy -v- A. G. (1995) JLR 136 C.of A. A. G. -v- Flynn (28 th October, 1998) Jersey Unreported. A. G. -v- Durkin (30 th October, 1998) Jersey Unreported. A. G. -v- Heys & Anor. (9 th March, 2000) Jersey Unreported. A. G. -v- Collins (10th September, 1999) Jersey Unreported. Martin -v- A. G. (14 th January, 1998) Jersey Unreported CofA . A. G . -v- Louis (13 th February, 1998) Jersey Unreported. A. G. -v- Galante (25 th November, 1996) Jersey Unreported. A. G -v- Molloy (19 th October, 1995) Jersey Unreported. A. G -v- Munks (8 th October, 1999) Jersey Unreported. A. G -v- McCarthy (3 rd November, 1999) Jersey Unreported. A. G -v- Cooke (24 th November, 1995) Jersey Unreported. A. G -v- Edingborough (20 th January, 2000) Jersey Unreported. Page Last Updated: 02 Nov 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

A. G. -v- Campbell, MacKenzie and Molloy-v-A. G. (1995) JLR 135 CofA

Case cited

A. G. -v- Buesnel (21st August, 1996) Jersey Unreported

Case cited

A. G. -v- Jones (1st May, 1998) Jersey Unreported

Case cited

A. G. -v- Spencer (13th June, 1997) Jersey Unreported

Case cited

A. G. -v- Flynn (28th October, 1998) Jersey Unreported

Case cited

A. G. -v- Durkin (30th October, 1998) Jersey Unreported

Case cited

A. G. -v- Heys & Anor. (9th March, 2000) Jersey Unreported

Case cited

A. G. -v- Collins (10th September, 1999) Jersey Unreported

Case cited

Martin -v- A. G. (14th January, 1998) Jersey Unreported CofA

Case cited

A. G. -v- Louis (13th February, 1998) Jersey Unreported

Case cited

A. G. -v- Galante (25th November, 1996) Jersey Unreported

Case cited

A. G. -v- Molloy (19th October, 1995) Jersey Unreported

Case cited

A. G. -v- Munks (8th October, 1999) Jersey Unreported

Case cited

A. G. -v- McCarthy (3rd November, 1999) Jersey Unreported

Case cited

A. G. -v- Cooke (24th November, 1995) Jersey Unreported

Case cited

A. G. -v- Edingborough (20th January, 2000) Jersey Unreported

Case cited

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