AG v Buckley 05-Feb-2021 [2021] JRC 038 (05 February 2021)

AG v Buckley 05-Feb-2021 [2021] JRC 038 (05 February 2021)

Given the admitted breach of probation, the Court must impose a custodial sentence as previously warned, but the sentence is reduced to reflect the period of compliance, difficult circumstances, and time spent on remand.

Citation
[2021] JRC 038
Parties
Prosecution: AG; Defendant: Buckley
Jurisdiction
Jersey
Judgment Date
05 February 2021
Procedural Posture
Criminal / Sentencing After Breach of Probation
Outcome
custodial sentence imposed
Legal Topics
Breach of Probation, Sentencing, Drug Offences
Criminal Law Breach of Probation Sentencing Drug Offences

Case Brief

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Parties

AG

Prosecution

Buckley

Defendant

Procedural Posture

Criminal / Sentencing After Breach of Probation

Legal Issues

  1. 1 What is the appropriate sentence for the defendant following admitted breaches of a probation order imposed for drug-related offences?

Ratio Decidendi

Given the admitted breach of probation, the Court must impose a custodial sentence as previously warned, but the sentence is reduced to reflect the period of compliance, difficult circumstances, and time spent on remand.

Court Disposition

custodial sentence imposed

Orders

  • 12 months' imprisonment on First Indictment Count 1
  • 6 months' imprisonment concurrent on First Indictment Count 2