AG v Durkin [2000] JRC 159 (08 August 2000)

AG v Durkin [2000] JRC 159 (08 August 2000)

The Court reduced the total sentence to account for the undue delay in prosecution, imposing concurrent sentences to provide the accused with hope for rehabilitation.

Citation
[2000] JRC 159
Parties
Accused: Durkin; Prosecutor: Crown Advocate; Counsel: Mrs Pearmain
Jurisdiction
Jersey
Judgment Date
08 August 2000
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Drug Offences, Sentencing Delay, Concurrent Sentences
Criminal Law Drug Offences Sentencing Delay Concurrent Sentences

Case Brief

Summary, issues, holding and outcome

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Parties

Durkin

Accused

Crown Advocate

Prosecutor

Mrs Pearmain

Counsel

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentencing for drug offences
  2. 2 Impact of trial delay on sentencing
  3. 3 Concurrent sentencing

Ratio Decidendi

The Court reduced the total sentence to account for the undue delay in prosecution, imposing concurrent sentences to provide the accused with hope for rehabilitation.

Court Disposition

convicted and sentenced

Orders

  • Sentenced to 3 years imprisonment (concurrent sentences)
  • Probation order discharged