Jersey Judgment

Att. Gen. v MacKenzie [2011] JLR 689 (31 August 2011)

Criminal Law Drugs Possession With Intent to Supply Sentencing Mitigating Factors

Citation: [2011] JLR 689
Status: Judgment
Jurisdiction: Jersey
Posture: Criminal / Sentencing

More details

Posture: Criminal / Sentencing

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Professional case brief

Research organized from the available case record

Source document

Holding and result

The court held that 'social supply'—the intention to supply drugs to friends at cost or for free—is a mitigating factor and should not be reflected in the starting point for sentencing for possession with intent to supply.

Court disposition

guidance on sentencing

Material facts

Parties

Attorney General

Applicant

MacKenzie

Respondent

Procedural history

Posture

Criminal / Sentencing

Questions and positions

Legal issues

Whether intention to supply drugs to friends at cost or for free is a mitigating factor in sentencing for possession with intent to supply

Party arguments

Applicant: The intention to supply drugs, regardless of recipient or profit, should be reflected in the starting point for sentencing.
Respondent: Supplying drugs to friends at cost or for free constitutes 'social supply' and should be considered a mitigating factor in sentencing.

Court’s reasoning

Legal principles

01
[2011] JLR 689

Intention to supply drugs to friends at cost or for free is a mitigating factor and should not be reflected in the starting point for sentencing.

Ratio, limits and disposition

Ratio decidendi

The court held that 'social supply'—the intention to supply drugs to friends at cost or for free—is a mitigating factor and should not be reflected in the starting point for sentencing for possession with intent to supply.

Court disposition

guidance on sentencing

Source and reliance status

Official court record

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Judgment text

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Source document

Court record

Judgment

[2011] JLR 689

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