1999/198 - AG v Bray [1999] UR 198 (8 November 1999)

Erroneous belief as to the nature of the drug does not mitigate sentence for a drug courier; a substantial discount is available for naming a supplier, but two years is sufficient in this case.

Citation: [1999] UR 198
Parties: Defendant: Bray; Prosecutor: Attorney General
Jurisdiction: Jersey
Judgment Date: 08 November 1999
Procedural Posture: Criminal / Sentencing
Outcome: convicted and sentenced
Legal Topics: Drug Offences, Sentencing, Mitigation, Erroneous Belief

Criminal Law Drug Offences Sentencing Mitigation Erroneous Belief

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 10 Party arguments 2 Amounts and remedies 6

Parties

Bray

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

1 Whether erroneous belief as to the nature of the drug is a mitigating factor for sentencing a drug courier
2 Appropriate sentence for possession and intent to supply Class A drugs

Ratio Decidendi

Erroneous belief as to the nature of the drug does not mitigate sentence for a drug courier; a substantial discount is available for naming a supplier, but two years is sufficient in this case.

Court Disposition

convicted and sentenced

Orders

4 years imprisonment on count 1
4 years imprisonment on count 2, concurrent