AG -v- Samson [2013] JRC 081 (26 April 2013)

AG -v- Samson [2013] JRC 081 (26 April 2013)

Counts 2 and 3 (larceny and possession of Fentanyl) arose from the same conduct and should be sentenced concurrently, but consecutive to Count 1 (attempted larceny), which was a separate offence. Breach offences should run consecutively to the indictment offences, resulting in a total sentence of 1 year and 6 months' imprisonment.

Citation
[2013] JRC 081
Parties
Prosecution: The Crown; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
26 April 2013
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Sentencing, Larceny, Drug Offences, Breach of Probation, Community Service Orders
Criminal Law Sentencing Larceny Drug Offences Breach of Probation Community Service Orders

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Parties

The Crown

Prosecution

Defendant

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for attempted larceny, larceny, and possession of Fentanyl
  2. 2 Consecutive versus concurrent sentencing for related offences
  3. 3 Sentencing for breach of previous probation and community service orders

Ratio Decidendi

Counts 2 and 3 (larceny and possession of Fentanyl) arose from the same conduct and should be sentenced concurrently, but consecutive to Count 1 (attempted larceny), which was a separate offence. Breach offences should run consecutively to the indictment offences, resulting in a total sentence of 1 year and 6 months' imprisonment.

Court Disposition

convicted and sentenced

Orders

  • 3 months' imprisonment for attempted larceny (Count 1)
  • 3 months' imprisonment for larceny (Count 2), consecutive to Count 1