AG -v- Hilario [2010] JRC 039 (19 February 2010)

AG -v- Hilario [2010] JRC 039 (19 February 2010)

Exceptional circumstances—small quantity of drugs, positive treatment recommendations, evidence of remorse, and four months already spent in custody—justify a non-custodial sentence despite the seriousness of the offence.

Citation
[2010] JRC 039
Parties
Defendant: [Defendant Name Not Provided]
Jurisdiction
Jersey
Judgment Date
19 February 2010
Procedural Posture
Criminal / Sentencing
Outcome
non-custodial sentence imposed due to exceptional circumstances
Legal Topics
Possession of Controlled Drugs, Possession With Intent to Supply, Sentencing, Mitigation, Community Service, Probation, Treatment Orders
Criminal Law Possession of Controlled Drugs Possession With Intent to Supply Sentencing Mitigation Community Service Probation Treatment Orders

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Parties

[Defendant Name Not Provided]

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for possession of Class A drug with intent to supply
  2. 2 Whether exceptional circumstances justify non-custodial sentence
  3. 3 Applicability of youth as a mitigating factor at age 27

Ratio Decidendi

Exceptional circumstances—small quantity of drugs, positive treatment recommendations, evidence of remorse, and four months already spent in custody—justify a non-custodial sentence despite the seriousness of the offence.

Court Disposition

non-custodial sentence imposed due to exceptional circumstances

Orders

  • 240 hours' Community Service Order on Count 2
  • 12 month Probation Order