AG -v- Clamp and Others [2012] JRC 180 (11 October 2012)

AG -v- Clamp and Others [2012] JRC 180 (11 October 2012)

Sentences were determined by the quantity of heroin imported, the defendants' respective roles, the timing and genuineness of guilty pleas, prior convictions, and the extent of assistance provided to the prosecution, with substantial discounts applied for overt cooperation.

Citation
[2012] JRC 180
Parties
Defendant: Clamp; Defendant: Ellis; Defendant: Ferreira; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
11 October 2012
Procedural Posture
Criminal / Sentencing Judgment
Outcome
Clamp: 4 years' imprisonment; Ellis: 3 years' imprisonment; Ferreira: 240 hours' community service and 18 months' probation; forfeiture and destruction of drugs ordered.
Legal Topics
Drug Importation, Sentencing, Mitigation, Assistance to Prosecution, Community Service
Criminal Law Drug Importation Sentencing Mitigation Assistance to Prosecution Community Service

Case Brief

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Parties

Clamp

Defendant

Ellis

Defendant

Ferreira

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 appropriate sentencing for importation and supply of heroin
  2. 2 extent of mitigation for guilty pleas and assistance to prosecution
  3. 3 application of sentencing guidelines for drug offences

Ratio Decidendi

Sentences were determined by the quantity of heroin imported, the defendants' respective roles, the timing and genuineness of guilty pleas, prior convictions, and the extent of assistance provided to the prosecution, with substantial discounts applied for overt cooperation.

Court Disposition

Clamp: 4 years' imprisonment; Ellis: 3 years' imprisonment; Ferreira: 240 hours' community service and 18 months' probation; forfeiture and destruction of drugs ordered.

Orders

  • Clamp sentenced to 4 years' imprisonment.
  • Ellis sentenced to 3 years' imprisonment.