AG -v- Pacheco [2016] JRC 220A (25 November 2016)

AG -v- Pacheco [2016] JRC 220A (25 November 2016)

Despite aggravating factors and custody threshold being passed, mitigation including early guilty plea, genuine remorse, and positive character references justified a non-custodial sentence with community service, driving disqualification, forfeiture of drugs, and costs order.

Citation
[2016] JRC 220A
Parties
Prosecutor: Crown; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
25 November 2016
Procedural Posture
Criminal / Sentencing
Outcome
non-custodial sentence
Legal Topics
Dangerous Driving, Possession of Cannabis Resin, Attempt to Pervert the Course of Justice, Community Service, Driving Disqualification, Forfeiture, Costs
Criminal Law Road Traffic Law Drug Law Dangerous Driving Possession of Cannabis Resin Attempt to Pervert the Course of Justice Community Service Driving Disqualification +2 more

Case Brief

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Parties

Crown

Prosecutor

Defendant

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 dangerous driving
  2. 2 possession of cannabis resin
  3. 3 attempt to pervert the course of justice

Ratio Decidendi

Despite aggravating factors and custody threshold being passed, mitigation including early guilty plea, genuine remorse, and positive character references justified a non-custodial sentence with community service, driving disqualification, forfeiture of drugs, and costs order.

Court Disposition

non-custodial sentence

Orders

  • 180 hours community service
  • driving disqualification for 3 years