AG v Mallet (Royal Court : Hearing (Criminal) : MacRae) [2025] JRC 151 (20 May 2025)

AG v Mallet (Royal Court : Hearing (Criminal) : MacRae) [2025] JRC 151 (20 May 2025)

Cannabis resin is defined by visual and microscopic analysis under Article 1 of the Misuse of Drugs (Jersey) Law 1978, regardless of the proportion of THC or HHC present. The de minimis principle does not apply to the statutory definition of cannabis resin, and the counts relating to offers to supply and possession with intent to supply cannabis resin should proceed to determination by the Jurats.

Citation
[2025] JRC 151
Parties
Prosecution: Crown; Defence: Defendant
Jurisdiction
Jersey
Judgment Date
20 May 2025
Procedural Posture
Criminal / Submission of No Case to Answer
Outcome
Counts 3, 8, and 10 will be left to the Jurats for determination.
Legal Topics
Controlled Drugs, Statutory Interpretation, De Minimis Principle
Criminal Law Drug Law Controlled Drugs Statutory Interpretation De Minimis Principle

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Parties

Crown

Prosecution

Defendant

Defence

Procedural Posture

Criminal / Submission of No Case to Answer

Legal Issues

  1. 1 Whether cannabis resin containing trace THC and predominant HHC is a controlled drug under the Misuse of Drugs (Jersey) Law 1978
  2. 2 Whether the de minimis principle applies to trace amounts of THC in cannabis resin
  3. 3 Whether offers to supply and possession with intent to supply cannabis resin are valid charges given the chemical composition

Ratio Decidendi

Cannabis resin is defined by visual and microscopic analysis under Article 1 of the Misuse of Drugs (Jersey) Law 1978, regardless of the proportion of THC or HHC present. The de minimis principle does not apply to the statutory definition of cannabis resin, and the counts relating to offers to supply and possession with intent to supply cannabis resin should proceed to determination by the Jurats.

Court Disposition

Counts 3, 8, and 10 will be left to the Jurats for determination.

Orders

  • Crown's application to amend the indictment to refer to cannabis resin at counts 3, 8, and 10 is allowed.
  • Arguments raised by defence counsel will be left open for determination by the Jurats.