AG v Chester and Ryan [2003] JRC 185 (17 October 2003)

The court determined that binding the defendants over to be of good behaviour, conditional upon leaving the Island and not returning for three years, was appropriate given the circumstances and in the community's interest, rather than imposing further imprisonment.

Citation: [2003] JRC 185
Parties: Defendant: Chester; Defendant: Ryan
Jurisdiction: Jersey
Judgment Date: 17 October 2003
Procedural Posture: Criminal / Sentencing
Outcome: Defendants bound over to be of good behaviour on condition they leave the Island and do not return for three years; Ryan remanded in custody until departure arrangements; forfeiture and destruction of drugs ordered.
Legal Topics: Sentencing, Binding Over, Drug Offences, Removal From Jurisdiction

Criminal Law Sentencing Binding Over Drug Offences Removal From Jurisdiction

Case Brief

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Parties

Chester

Defendant

Ryan

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

1 Whether the defendants should be bound over to be of good behaviour and removed from the Island as a condition of sentence
2 Whether the prison term for Ryan should be increased due to contemptuous behaviour towards prison authorities

Ratio Decidendi

Court Disposition

Defendants bound over to be of good behaviour on condition they leave the Island and do not return for three years; Ryan remanded in custody until departure arrangements; forfeiture and destruction of drugs ordered.

Orders

Chester bound over to be of good behaviour on condition of leaving the Island and not returning for three years.
Ryan bound over to be of good behaviour on condition of leaving the Island and not returning for three years.