AG v Durkin [2000] JRC 190 (27 September 2000)

AG v Durkin [2000] JRC 190 (27 September 2000)

The appropriate starting point for sentencing is seven years due to the quantity and intent to supply heroin, but mitigation including a guilty plea, personal circumstances, and remorse justify a reduction to four and a half years' imprisonment.

Citation
[2000] JRC 190
Parties
Defendant: Durkin; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
27 September 2000
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to imprisonment.
Legal Topics
Drug Offences, Sentencing, Mitigation
Criminal Law Drug Offences Sentencing Mitigation

Case Brief

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Parties

Durkin

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for possession and supply of heroin and cannabis
  2. 2 Application of sentencing guidelines for Class A drug trafficking
  3. 3 Consideration of mitigation in sentencing

Ratio Decidendi

The appropriate starting point for sentencing is seven years due to the quantity and intent to supply heroin, but mitigation including a guilty plea, personal circumstances, and remorse justify a reduction to four and a half years' imprisonment.

Court Disposition

Convicted and sentenced to imprisonment.

Orders

  • 6 months' imprisonment on count 1
  • 4.5 years' imprisonment on count 2