AG -v- De Freitas Saville Sutton and Cousins [2014] JRC 158 (22 August 2014)

AG -v- De Freitas Saville Sutton and Cousins [2014] JRC 158 (22 August 2014)

Sentencing for importation and supply of NPS should primarily consider the weight of the drugs involved, with retail price as a secondary factor. Youth offender status is relevant but not determinative where the offending is serious and persistent. Custodial sentences are warranted for significant involvement in importation and supply, with reductions for youth and totality where appropriate.

Citation
[2014] JRC 158
Parties
Defendant: De Freitas; Defendant: Sutton; Defendant: Cher Saville; Defendant: Cousins; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
22 August 2014
Procedural Posture
Criminal / Sentencing Judgment
Outcome
conviction and sentencing
Legal Topics
Drug Offences, Sentencing, Youth Offenders, Importation of Controlled Substances
Criminal Law Drug Offences Sentencing Youth Offenders Importation of Controlled Substances

Case Brief

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Parties

De Freitas

Defendant

Sutton

Defendant

Cher Saville

Defendant

Cousins

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Appropriate sentencing for importation and supply of Class B drugs (NPS)
  2. 2 Application of youth offender legislation to young defendants
  3. 3 Comparative sentencing for NPS versus other Class B drugs

Ratio Decidendi

Sentencing for importation and supply of NPS should primarily consider the weight of the drugs involved, with retail price as a secondary factor. Youth offender status is relevant but not determinative where the offending is serious and persistent. Custodial sentences are warranted for significant involvement in importation and supply, with reductions for youth and totality where appropriate.

Court Disposition

conviction and sentencing

Orders

  • De Freitas: 2.5 years' imprisonment (consecutive sentences, reduced for youth and totality)
  • Sutton: 12 months' probation (no further custody due to time already served)