AG v Disbury Presume and Bayliss [2004] JRC 117 (06 July 2004)

AG v Disbury Presume and Bayliss [2004] JRC 117 (06 July 2004)

Sentences must reflect the seriousness of the offences, the quantities involved, and the roles played by each defendant, with mitigation considered but not overriding the need for deterrent custodial sentences except in cases of clear peripheral involvement and significant prospects of reform.

Citation
[2004] JRC 117
Parties
Defendant: Disbury; Defendant: Bayliss; Defendant: Miss Presume; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
06 July 2004
Procedural Posture
Criminal / Sentencing Judgment
Outcome
conviction and sentencing
Legal Topics
Drug Trafficking, Sentencing, Mitigation, Concurrent Sentences, Community Service
Criminal Law Drug Trafficking Sentencing Mitigation Concurrent Sentences Community Service

Case Brief

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Parties

Disbury

Defendant

Bayliss

Defendant

Miss Presume

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Appropriate sentencing for trafficking in heroin and cocaine
  2. 2 Mitigation in sentencing for drug offences
  3. 3 Sentencing for being concerned in the supply of controlled drugs

Ratio Decidendi

Sentences must reflect the seriousness of the offences, the quantities involved, and the roles played by each defendant, with mitigation considered but not overriding the need for deterrent custodial sentences except in cases of clear peripheral involvement and significant prospects of reform.

Court Disposition

conviction and sentencing

Orders

  • Disbury sentenced to 9 years on count 1, 7 years on count 2 (concurrent), 1 month on count 3 (concurrent)
  • Bayliss sentenced to 3 years on count 6, 2 years on count 7 (concurrent), £200 fine or 14 days on count 8, 1 month concurrent to 6 on count 9