AG -v- Romano [2009] JRC 072 (16 April 2009)

AG -v- Romano [2009] JRC 072 (16 April 2009)

Exceptional mitigation, including youth, remorse, rehabilitation, and low risk of re-offending, justifies a non-custodial sentence despite the seriousness of the offence and the usual starting point of 7 years' imprisonment.

Citation
[2009] JRC 072
Parties
Prosecution: The Crown; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
16 April 2009
Procedural Posture
Criminal / Sentencing Judgment
Outcome
non-custodial sentence imposed
Legal Topics
Possession With Intent to Supply, Youth Sentencing, Mitigation, Community Service
Criminal Law Possession With Intent to Supply Youth Sentencing Mitigation Community Service

Case Brief

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Parties

The Crown

Prosecution

Defendant

Defendant

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Appropriate sentence for possession of ecstasy with intent to supply by a young offender
  2. 2 Applicability of non-custodial sentence given mitigation

Ratio Decidendi

Exceptional mitigation, including youth, remorse, rehabilitation, and low risk of re-offending, justifies a non-custodial sentence despite the seriousness of the offence and the usual starting point of 7 years' imprisonment.

Court Disposition

non-custodial sentence imposed

Orders

  • 100 hours' community service on count 1 (equivalent to 4 months' youth detention)
  • 300 hours' community service on count 2 (equivalent to 23 months' youth detention), concurrent