1998/170 - AG v Durkin [1998] UR 170 (7 August 1998)

A binding over order is not appropriate for the possession of a mixture of drugs, even in small personal amounts; a probation order with community service is warranted.

Citation: [1998] UR 170
Parties: Prosecutor: Attorney General; Defendant: Buesnel
Jurisdiction: Jersey
Judgment Date: 07 August 1998
Procedural Posture: Criminal / Sentencing
Outcome: Probation order imposed
Legal Topics: Drug Offences, Sentencing

Criminal Law Drug Offences Sentencing

Case Brief

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Parties

Attorney General

Prosecutor

Buesnel

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

1 Appropriate sentence for possession of a mixture of drugs in small personal amounts

Ratio Decidendi

A binding over order is not appropriate for the possession of a mixture of drugs, even in small personal amounts; a probation order with community service is warranted.

Court Disposition

Probation order imposed

Orders

2 year Probation Order on three counts
90 hours Community Service to be performed in the first year