AG -v- Boschat [2016] JRC 097 (20 May 2016)

AG -v- Boschat [2016] JRC 097 (20 May 2016)

The defendant, having breached a previous community service order after a clear warning and being found in possession of a commercial quantity of a Class B drug with intent to supply, must receive a custodial sentence with a small allowance for mitigation.

Citation
[2016] JRC 097
Parties
Defendant: [Defendant Name Not Provided]
Jurisdiction
Jersey
Judgment Date
20 May 2016
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Possession With Intent to Supply, Possession of Controlled Substances, Breach of Community Service Order, Sentencing
Criminal Law Possession With Intent to Supply Possession of Controlled Substances Breach of Community Service Order Sentencing

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Parties

[Defendant Name Not Provided]

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the defendant should be sentenced to imprisonment for possession with intent to supply a Class B drug and possession of cannabis resin
  2. 2 Whether breach of a previous Community Service Order warrants a consecutive custodial sentence

Ratio Decidendi

The defendant, having breached a previous community service order after a clear warning and being found in possession of a commercial quantity of a Class B drug with intent to supply, must receive a custodial sentence with a small allowance for mitigation.

Court Disposition

convicted and sentenced

Orders

  • 6 months' imprisonment for Count 1 (possession with intent to supply ethylphenidate)
  • 7 days' imprisonment for Count 2 (possession of cannabis resin), concurrent to Count 1