AG v Carroll 04-Dec-2020 [2020] JRC 252 (04 December 2020)

AG v Carroll 04-Dec-2020 [2020] JRC 252 (04 December 2020)

The difference between the defendant's and Crown's positions on supply quantity is not material to sentence due to overlapping sentencing bands; a Newton hearing is not justified.

Citation
[2020] JRC 252
Parties
Prosecution: The Crown; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
04 December 2020
Procedural Posture
Criminal / Pre Sentencing
Outcome
Newton hearing declined; sentencing to proceed on basis of defendant's plea.
Legal Topics
Drug Offences, Sentencing, Newton Hearing
Criminal Law Drug Offences Sentencing Newton Hearing

Case Brief

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Parties

The Crown

Prosecution

Defendant

Defendant

Procedural Posture

Criminal / Pre Sentencing

Legal Issues

  1. 1 Whether a Newton hearing is required to resolve factual dispute regarding intended supply quantity of MDMA

Ratio Decidendi

The difference between the defendant's and Crown's positions on supply quantity is not material to sentence due to overlapping sentencing bands; a Newton hearing is not justified.

Court Disposition

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

Orders

  • Defendant to clarify for the Crown the issue highlighted by the court.