AG v Teixeira 12-Nov-2020 [2020] JRC 239 (12 November 2020)

AG v Teixeira 12-Nov-2020 [2020] JRC 239 (12 November 2020)

The differences between the Crown and defendant's versions are not sufficiently material to the sentence to justify a Newton hearing; the defendant's role and intent to supply are established on both accounts, and any difference is extraneous mitigation.

Citation
[2020] JRC 239
Parties
Defendant: Defendant; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
12 November 2020
Procedural Posture
Criminal / Pre Sentencing (application to Vacate Newton Hearing)
Outcome
Newton hearing vacated; matter to proceed to sentencing on defendant's basis of plea.
Legal Topics
Drug Offences, Sentencing Procedure, Newton Hearing
Criminal Law Drug Offences Sentencing Procedure Newton Hearing

Case Brief

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Parties

Defendant

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Pre Sentencing (application to Vacate Newton Hearing)

Legal Issues

  1. 1 Whether the factual dispute between Crown and defendant is material to sentencing and justifies a Newton hearing

Ratio Decidendi

The differences between the Crown and defendant's versions are not sufficiently material to the sentence to justify a Newton hearing; the defendant's role and intent to supply are established on both accounts, and any difference is extraneous mitigation.

Court Disposition

Newton hearing vacated; matter to proceed to sentencing on defendant's basis of plea.

Orders

  • Newton hearing on 14th January 2021 vacated.
  • Defendant to be brought before the Court at the first opportunity to fix a sentencing date.