AG v Smitton [2001] JRC 31 (05 February 2001)

AG v Smitton [2001] JRC 31 (05 February 2001)

A starting point of nine years' imprisonment is appropriate for possession with intent to supply 24.2 grams of heroin at 40% purity, considering the defendant's prior convictions, breach of probation, and the totality of circumstances, with some mitigation for early guilty plea but not a full one-third discount.

Citation
[2001] JRC 31
Parties
Defendant: Defendant; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
05 February 2001
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentence
Legal Topics
Drug Offences, Sentencing, Possession With Intent to Supply, Probation Breach
Criminal Law Drug Offences Sentencing Possession With Intent to Supply Probation Breach

Case Brief

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Parties

Defendant

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentencing starting point for possession with intent to supply heroin of given weight and purity
  2. 2 Relevance of drug purity in sentencing
  3. 3 Consideration of previous convictions and breach of probation

Ratio Decidendi

A starting point of nine years' imprisonment is appropriate for possession with intent to supply 24.2 grams of heroin at 40% purity, considering the defendant's prior convictions, breach of probation, and the totality of circumstances, with some mitigation for early guilty plea but not a full one-third discount.

Court Disposition

conviction and sentence

Orders

  • Count 2: 8 months' imprisonment concurrent
  • Count 3: 1 month's imprisonment concurrent