1999/52 - Whyte v AG [1999] UR 52 (17 March 1999)

1999/52 - Whyte v AG [1999] UR 52 (17 March 1999)

The Royal Court was correct to apply the Campbell guidelines, setting a starting point of 7 years for commercial trafficking in Class A drugs. The sentence of 4½ years (after a one-third discount for guilty plea) was appropriate given the applicant's prior conviction, the commercial nature of the offence, and the amount of heroin involved. The sentence was not manifestly excessive.

Citation
[1999] UR 52
Parties
Applicant: Brian Whyte; Respondent: Attorney General (AG)
Jurisdiction
Jersey
Judgment Date
17 March 1999
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Application for leave to appeal refused
Legal Topics
Sentencing, Drug Offences, Appeals, Probation Breach
Criminal Law Sentencing Drug Offences Appeals Probation Breach

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 15 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Brian Whyte

Applicant

Attorney General (AG)

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of 4 years 9 months imprisonment was manifestly excessive for possession and possession with intent to supply heroin and breach of probation order
  2. 2 Whether the Royal Court correctly applied the sentencing guidelines from Campbell, Molloy & MacKenzie -v- AG (1995) JLR 136

Ratio Decidendi

The Royal Court was correct to apply the Campbell guidelines, setting a starting point of 7 years for commercial trafficking in Class A drugs. The sentence of 4½ years (after a one-third discount for guilty plea) was appropriate given the applicant's prior conviction, the commercial nature of the offence, and the amount of heroin involved. The sentence was not manifestly excessive.

Court Disposition

Application for leave to appeal refused