AG v Taylor [2019] JRC 027 (19 February 2019)

AG v Taylor [2019] JRC 027 (19 February 2019)

Where a defendant's conduct in being concerned in the supply of drugs under Article 5(c) of the Misuse of Drugs (Jersey) Law 1978 also amounts to possession with intent to supply under Article 8(2), the sentencing guidelines for Article 8(2) offences apply. Mitigating factors may reduce the sentence, but a custodial sentence is appropriate for trafficking in Class A drugs.

Citation
[2019] JRC 027
Parties
Defendant: Defendant; Prosecutor: Crown
Jurisdiction
Jersey
Judgment Date
19 February 2019
Procedural Posture
Criminal / Sentencing Judgment
Outcome
convicted and sentenced
Legal Topics
Drug Offences, Sentencing, Mitigation, Concurrent Sentences
Criminal Law Drug Offences Sentencing Mitigation Concurrent Sentences

Case Brief

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Parties

Defendant

Defendant

Crown

Prosecutor

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Whether sentencing guidelines for Article 8 of the Misuse of Drugs (Jersey) Law 1978 apply to Article 5(c) offences
  2. 2 Whether a Valler uplift should be applied when multiple drugs are involved
  3. 3 Appropriate sentence for being concerned in the supply of MDMA and cannabis

Ratio Decidendi

Where a defendant's conduct in being concerned in the supply of drugs under Article 5(c) of the Misuse of Drugs (Jersey) Law 1978 also amounts to possession with intent to supply under Article 8(2), the sentencing guidelines for Article 8(2) offences apply. Mitigating factors may reduce the sentence, but a custodial sentence is appropriate for trafficking in Class A drugs.

Court Disposition

convicted and sentenced

Orders

  • Imprisonment for 3 years 6 months on Count 1 (being concerned in the supply of MDMA)
  • Imprisonment for 18 months on Count 2 (being concerned in the supply of cannabis)