AG v Cousins [2001] JRC 45 (22 February 2001)

AG v Cousins [2001] JRC 45 (22 February 2001)

Custodial sentence justified due to seriousness of offence and failure to respond to earlier probation; mitigation considered but not sufficient for non-custodial penalty.

Citation
[2001] JRC 45
Parties
Defendant: Cousins; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
22 February 2001
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Drug Offences, Sentencing, Probation Breach, Youth Offenders
Criminal Law Drug Offences Sentencing Probation Breach Youth Offenders

Case Brief

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Parties

Cousins

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for possession with intent to supply Class A drugs by a youth
  2. 2 effect of prior probation and breach
  3. 3 mitigation factors in sentencing

Ratio Decidendi

Custodial sentence justified due to seriousness of offence and failure to respond to earlier probation; mitigation considered but not sufficient for non-custodial penalty.

Court Disposition

convicted and sentenced

Orders

  • 3 years' youth detention on count 1
  • 1 month's youth detention consecutive for breach of probation offences