AG v McMinn [2000] JRC 38 (02 March 2000)

AG v McMinn [2000] JRC 38 (02 March 2000)

The proper starting point for sentencing is seven years, reduced by two years for mitigating factors, resulting in five years' imprisonment for possession with intent to supply, with concurrent sentences for other counts and forfeiture of drugs.

Citation
[2000] JRC 38
Parties
Accused: McMinn; Prosecution: Crown Advocate; Defence: Defence Counsel
Jurisdiction
Jersey
Judgment Date
02 March 2000
Procedural Posture
Criminal / Sentencing
Outcome
conviction and custodial sentence
Legal Topics
Drug Trafficking, Sentencing, Mitigation, Concurrent Sentences
Criminal Law Drug Trafficking Sentencing Mitigation Concurrent Sentences

Case Brief

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Parties

McMinn

Accused

Crown Advocate

Prosecution

Defence Counsel

Defence

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for possession with intent to supply Class A drugs
  2. 2 credit for late guilty plea
  3. 3 mitigating factors for deprived background

Ratio Decidendi

The proper starting point for sentencing is seven years, reduced by two years for mitigating factors, resulting in five years' imprisonment for possession with intent to supply, with concurrent sentences for other counts and forfeiture of drugs.

Court Disposition

conviction and custodial sentence

Orders

  • 5 years' imprisonment on first indictment, count 1
  • 1 month's imprisonment on first indictment, count 3, concurrent