AG v Fennelly [2003] JRC 066 (06 April 2003)

AG v Fennelly [2003] JRC 066 (06 April 2003)

Despite the significant amount of cocaine imported, strong mitigating factors warranted a substantial reduction from the guideline starting point, resulting in a three-year prison sentence.

Citation
[2003] JRC 066
Parties
Defendant: Fennelly; Prosecutor: Crown
Jurisdiction
Jersey
Judgment Date
06 April 2003
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Drug Importation, Sentencing Guidelines, Mitigation
Criminal Law Drug Importation Sentencing Guidelines Mitigation

Case Brief

Summary, issues, holding and outcome

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Parties

Fennelly

Defendant

Crown

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for importation of cocaine for personal use
  2. 2 application of sentencing bands for drug offences
  3. 3 consideration of mitigating factors

Ratio Decidendi

Despite the significant amount of cocaine imported, strong mitigating factors warranted a substantial reduction from the guideline starting point, resulting in a three-year prison sentence.

Court Disposition

convicted and sentenced

Orders

  • three years' imprisonment
  • forfeiture and destruction of the drugs