AG -v- De La Haye [2009] JRC 061 (06 April 2009)

AG -v- De La Haye [2009] JRC 061 (06 April 2009)

Given the quantity of cannabis, the defendant's role, and the sentencing guidelines, a custodial sentence is mandatory. Mitigating factors warranted a reduction from the starting point, but not a full one-third remission.

Citation
[2009] JRC 061
Parties
Defendant: De La Haye; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
06 April 2009
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Drug Importation, Sentencing, Mitigation
Criminal Law Drug Importation Sentencing Mitigation

Case Brief

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Parties

De La Haye

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for importation of cannabis
  2. 2 application of sentencing guidelines
  3. 3 mitigating and aggravating factors

Ratio Decidendi

Given the quantity of cannabis, the defendant's role, and the sentencing guidelines, a custodial sentence is mandatory. Mitigating factors warranted a reduction from the starting point, but not a full one-third remission.

Court Disposition

convicted and sentenced

Orders

  • 3 years' imprisonment
  • forfeiture and destruction of the drugs