AG v Lines 19-Sep-2019 [2019] JRC 184 (19 September 2019)

AG v Lines 19-Sep-2019 [2019] JRC 184 (19 September 2019)

The starting point for sentencing is determined by the overall quantity and class of drugs imported, with mitigation considered for personal use and good character, but not sufficient to avoid custodial sentence. Social supply does not reduce the starting point; Valler uplift not applied as overall criminality is reflected in the starting point.

Citation
[2019] JRC 184
Parties
Prosecution: The Crown; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
19 September 2019
Procedural Posture
Criminal / Sentencing
Outcome
conviction and custodial sentence
Legal Topics
Drug Importation, Drug Possession, Sentencing, Mitigation
Criminal Law Drug Importation Drug Possession Sentencing Mitigation

Case Brief

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Parties

The Crown

Prosecution

Defendant

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentencing for importation and possession of controlled drugs
  2. 2 Application of Valler uplift
  3. 3 Consideration of social supply as mitigation

Ratio Decidendi

The starting point for sentencing is determined by the overall quantity and class of drugs imported, with mitigation considered for personal use and good character, but not sufficient to avoid custodial sentence. Social supply does not reduce the starting point; Valler uplift not applied as overall criminality is reflected in the starting point.

Court Disposition

conviction and custodial sentence

Orders

  • Count 1: 4 years 6 months imprisonment
  • Count 3: 4 years 6 months imprisonment, concurrent