AG v Schlandt [2001] JRC 132 (08 June 2001)

AG v Schlandt [2001] JRC 132 (08 June 2001)

Given the applicant's expressed commitment to rehabilitation and the recommendations in the report, the court decided to impose probation and community service instead of immediate imprisonment, with strict compliance conditions.

Citation
[2001] JRC 132
Jurisdiction
Jersey
Judgment Date
08 June 2001
Procedural Posture
Criminal / Sentencing
Outcome
probation and community service order imposed in lieu of immediate imprisonment, with forfeiture and destruction of drugs ordered
Legal Topics
Drug Offences, Probation, Community Service, Sentencing
Criminal Law Drug Offences Probation Community Service Sentencing

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for possession of heroin and sale of cannabis
  2. 2 whether to impose custodial or non-custodial sentence given addiction and rehabilitation prospects

Ratio Decidendi

Given the applicant's expressed commitment to rehabilitation and the recommendations in the report, the court decided to impose probation and community service instead of immediate imprisonment, with strict compliance conditions.

Court Disposition

probation and community service order imposed in lieu of immediate imprisonment, with forfeiture and destruction of drugs ordered

Orders

  • probation for 1 year with conditions: attend SMART course, attend Alcohol and Drug Service, comply with treatment, remain abstinent from non-prescribed opiates and benzodiazepines, random urine analysis
  • community service order of 120 hours