AG v Hall 15-Feb-2021 [2021] JRC 045 (15 February 2021)

AG v Hall 15-Feb-2021 [2021] JRC 045 (15 February 2021)

There was no material difference in the starting point for sentence between personal use and commercial supply on the facts of this case; therefore, a Newton hearing was unnecessary.

Citation
[2021] JRC 045
Parties
Prosecution: Crown; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
15 February 2021
Procedural Posture
Criminal / Pre Sentencing Hearing
Outcome
Application for Newton hearing declined
Legal Topics
Newton Hearing, Drug Offences, Sentencing Principles
Criminal Law Newton Hearing Drug Offences Sentencing Principles

Case Brief

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Parties

Crown

Prosecution

Defendant

Defendant

Procedural Posture

Criminal / Pre Sentencing Hearing

Legal Issues

  1. 1 Whether a Newton hearing is required to resolve factual dispute regarding intent (personal use vs commercial supply) in cannabis production offence

Ratio Decidendi

There was no material difference in the starting point for sentence between personal use and commercial supply on the facts of this case; therefore, a Newton hearing was unnecessary.

Court Disposition

Application for Newton hearing declined

Orders

  • No Newton hearing ordered; sentencing to proceed without factual determination on intent