AG -v- Davey [2005] JRC 125 (12 September 2005)

AG -v- Davey [2005] JRC 125 (12 September 2005)

For importation and social supply of less than 4 grams of heroin for personal use, a starting point of 4 years is appropriate, but in this case, concurrent sentences totaling 2 years are imposed due to mitigation and the specific facts.

Citation
[2005] JRC 125
Parties
Prosecution: The Crown; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
12 September 2005
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentence
Legal Topics
Drug Importation, Sentencing Guidelines, Heroin Possession, Social Supply, Mitigation
Criminal Law Drug Importation Sentencing Guidelines Heroin Possession Social Supply Mitigation

Case Brief

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Parties

The Crown

Prosecution

Defendant

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate starting point for sentencing in cases of importation of modest amounts of heroin for personal use?
  2. 2 How should social supply and technical minding of heroin be treated in sentencing?

Ratio Decidendi

For importation and social supply of less than 4 grams of heroin for personal use, a starting point of 4 years is appropriate, but in this case, concurrent sentences totaling 2 years are imposed due to mitigation and the specific facts.

Court Disposition

conviction and sentence

Orders

  • Count 1: 2 years imprisonment
  • Count 2: 1 year imprisonment