AG -v- Burton [2016] JRC 218A (24 November 2016)

AG -v- Burton [2016] JRC 218A (24 November 2016)

Custodial sentence is mandatory due to seriousness of drug importation and assault; mitigation reduces sentence; assault on customs officer merits consecutive sentence.

Citation
[2016] JRC 218A
Parties
Prosecution: The Crown; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
24 November 2016
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Drug Importation, Assault on Customs Officer, Sentencing, Mitigation
Criminal Law Drug Importation Assault on Customs Officer Sentencing Mitigation

Case Brief

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Parties

The Crown

Prosecution

Defendant

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 evading prohibition on importation of controlled drugs
  2. 2 assault on customs officer
  3. 3 appropriate sentencing guidelines

Ratio Decidendi

Custodial sentence is mandatory due to seriousness of drug importation and assault; mitigation reduces sentence; assault on customs officer merits consecutive sentence.

Court Disposition

convicted and sentenced

Orders

  • 3 years' imprisonment for drug importation counts served concurrently
  • 5 months' imprisonment for assault on customs officer served consecutively