AG v Botting [2000] JRC 98 (07 June 2000)
The balance of aggravating and mitigating factors tips in favour of reform, justifying probation rather than imprisonment.
- Citation
- [2000] JRC 98
- Parties
- Prosecutor: Attorney General; Defendant: Botting
- Jurisdiction
- Jersey
- Judgment Date
- 07 June 2000
- Procedural Posture
- Criminal / Sentencing
- Outcome
- probation granted
- Legal Topics
- Drug Offences, Sentencing, Probation
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 1 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Parties
Attorney General
Prosecutor
Botting
Defendant
Procedural Posture
Criminal / Sentencing
Legal Issues
- 1 Whether a custodial sentence is mandatory for possession of class A drugs
- 2 Appropriateness of probation versus imprisonment given aggravating and mitigating factors
Ratio Decidendi
The balance of aggravating and mitigating factors tips in favour of reform, justifying probation rather than imprisonment.
Court Disposition
probation granted
Orders
- Botting placed on probation for 12 months
- Must not re-offend and must behave as directed by probation officer
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