Jersey Judgment

AG -v- Tanguy [2015] JRC 036 (19 February 2015)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The sentence was determined by considering the quantity of ecstasy tablets, the applicant's limited involvement, and significant mitigating factors, resulting in a reduced sentence from the starting point established by precedent.

Court disposition

convicted and sentenced

Orders

  • 5 years' imprisonment on Count 1
  • 1 week's imprisonment on Counts 2, 3, 5-7 (concurrent)
  • 1 month's imprisonment on Count 4 (concurrent)
  • forfeiture and destruction of the drugs

02

Material facts

Amounts and remedies

  • Number of Ecstasy Tablets: 1,964
  • Street Value of Ecstasy Tablets: GBP 40,000
  • Benefit From Involvement (confiscation Order): GBP 3,964

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

Party arguments

Applicant
Applicant's advocate argued for a lower starting point due to limited involvement and presented mitigation including guilty plea, cooperation, good work record, business, references, intention to give up steroids, and family support.
Respondent
Crown argued for a starting point of 9½ years based on the quantity of tablets and referenced relevant case law.

05

Court’s reasoning

  1. 01

    Court's prior statements

    Any link in the chain of importation and supply is important and not mitigated by ignorance of the specific drug type.

  2. 02

    Bonnar and Noon-v-AG [2001] JLR 626

    Starting point for sentencing based on quantity of tablets as per precedent.

06

Ratio, limits and disposition

Ratio decidendi

The sentence was determined by considering the quantity of ecstasy tablets, the applicant's limited involvement, and significant mitigating factors, resulting in a reduced sentence from the starting point established by precedent.

Obiter and limits

  • Ignorance of the specific drug type is not a mitigating factor.
  • Any link in the chain of importation and supply is important.

Court disposition

convicted and sentenced

  • 5 years' imprisonment on Count 1
  • 1 week's imprisonment on Counts 2, 3, 5-7 (concurrent)
  • 1 month's imprisonment on Count 4 (concurrent)
  • 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

[2015] JRC 036

JUDGMENT THE commissioner: 1. You were concerned in the importation of 1,964 ecstasy tablets with a street value of just under £40,000. You were also in possession of some steroids for your own use. Your involvement was that you agreed at short notice to pick up the package containing the drugs and you were going to take that package to another address. You thought the package contained cannabis rather than ecstasy but, as the Court has said on many occasions, that is not a mitigating factor. Your counsel has accepted, and you have accepted by the Confiscation Order, that you benefitted to the extent of £3,964 by reason of your involvement. Now we accept that your involvement in the ecstasy offence was comparatively limited but, as the Court has said before on many occasions, any link in the chain of importation and supply is important.

2. Now the Crown has referred to the case of Bonnar and Noon-v-AG [2001] JLR 626 where the starting point is between 9 and 11 years for between 1,000 and 2,500 tablets. The Crown has taken a starting point of 9½ years, presumably having regard to the quantity of tablets, but we agree with your Advocate that in view of the nature of your involvement the correct starting point is one of 9 years.

3. In mitigation we take into account your guilty plea and your cooperation with the police, your good work record, the fact that you have built up your self-employed business, the letters and references that we have received, your intention to give up steroids and the fact that you have provided support for your father since your mother passed away in August. We have also had regard to the other information on the papers before us. In all the circumstances we agree with your Advocate that the conclusions should be reduced.

4. On Count 1 the sentence is 5 years' imprisonment, on Counts 2, 3 and 5-7; I week's imprisonment, on Count 4; I month's imprisonment, all of those concurrent, making 5 years' imprisonment in all.

5. We also order the forfeiture and destruction of the drugs. Authorities Bonnar and Noon-v-AG [2001] JLR 626 . AG v Tanguy and Stewart [2008] JRC 094 . AG v Williamson [2011] JRC 232 . Extracts from Whelan: Aspects of Sentencing (3rd Edition (2011). Page Last Updated: 27 Sep 2016 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.

Bonnar and Noon-v-AG [2001] JLR 626

Case cited

AG v Tanguy and Stewart [2008] JRC 094

Case cited

AG v Williamson [2011] JRC 232

Case cited

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