1999/62 - AG v Cowan [1999] UR 62 (26 March 1999)

1999/62 - AG v Cowan [1999] UR 62 (26 March 1999)

Given the defendant's cooperation, lack of prior offences, genuine explanation for cash, and strong references, a custodial sentence is not mandatory and justice can be served by a community service order with probation.

Citation
[1999] UR 62
Parties
Defendant: Cowan
Jurisdiction
Jersey
Judgment Date
26 March 1999
Procedural Posture
Criminal / Sentencing
Outcome
community service order with probation
Legal Topics
Drug Offences, Sentencing, Community Service, Probation
Criminal Law Drug Offences Sentencing Community Service Probation

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Parties

Cowan

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for possession of Class B drugs with intent to supply
  2. 2 Whether custodial sentence is mandatory for first offender in exceptional circumstances

Ratio Decidendi

Given the defendant's cooperation, lack of prior offences, genuine explanation for cash, and strong references, a custodial sentence is not mandatory and justice can be served by a community service order with probation.

Court Disposition

community service order with probation

Orders

  • Placed on probation for one year, subject to usual conditions and 120 hours of community service
  • Forfeiture and destruction of the drugs