AG v Buckley [2001] JRC 179 (07 August 2001)

AG v Buckley [2001] JRC 179 (07 August 2001)

The court determined the appropriate starting point for sentencing was nine years, midway in the guideline band, with a deduction of three years for youth and mitigating circumstances, and further considered the delay in proceedings as a factor in sentencing.

Citation
[2001] JRC 179
Parties
Accused: Buckley; Prosecution: Crown Advocate
Jurisdiction
Jersey
Judgment Date
07 August 2001
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Drug Offences, Sentencing, Probation Breach
Criminal Law Drug Offences Sentencing Probation Breach

Case Brief

Summary, issues, holding and outcome

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Parties

Buckley

Accused

Crown Advocate

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for possession with intent to supply heroin
  2. 2 effect of delay in proceedings on sentencing
  3. 3 sentencing for breach of probation

Ratio Decidendi

The court determined the appropriate starting point for sentencing was nine years, midway in the guideline band, with a deduction of three years for youth and mitigating circumstances, and further considered the delay in proceedings as a factor in sentencing.

Court Disposition

convicted and sentenced

Orders

  • Six years' imprisonment on count six
  • Three months' imprisonment concurrent on counts five, eight, and nine