1998/217 - AG v Durkin [1998] UR 217 (30 October 1998)

1998/217 - AG v Durkin [1998] UR 217 (30 October 1998)

The sentence for count 3 was reduced from 21 to 18 months, applying the totality principle and considering Durkin's cooperation with police, despite absence of mitigation such as guilty plea or good character.

Citation
[1998] UR 217
Parties
Defendant: Durkin; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
30 October 1998
Procedural Posture
Criminal / Sentencing After Trial
Outcome
conviction upheld, sentence reduced
Legal Topics
Drug Trafficking, Sentencing, Totality Principle
Criminal Law Drug Trafficking Sentencing Totality Principle

Case Brief

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Parties

Durkin

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing After Trial

Legal Issues

  1. 1 Appropriate sentence for supply of cannabis resin
  2. 2 Application of totality principle in sentencing

Ratio Decidendi

The sentence for count 3 was reduced from 21 to 18 months, applying the totality principle and considering Durkin's cooperation with police, despite absence of mitigation such as guilty plea or good character.

Court Disposition

conviction upheld, sentence reduced

Orders

  • Count 1: 3 months imprisonment
  • Count 2: 2 months imprisonment