Jersey Judgment

Gregory v Att. Gen. [1997] JLR 1 (17 January 1997)

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Professional case brief

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Source document

01

Holding and result

There is no presumption for sentencing purposes of intent to supply in drug importation cases; intent to supply aggravates the offence; the quantity of drugs imported is relevant in determining whether there was an intention to supply, taking into account all circumstances, including the possibility that a long-term addict may use higher than average amounts.

Court disposition

clarification of sentencing principles

02

Material facts

Parties

Gregory

Applicant

Attorney General

Respondent

03

Procedural history

  1. Posture

    Criminal Appeal / Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
Applicant contended that intent to supply should not be presumed for sentencing purposes and that personal use could explain importation of larger quantities, especially for long-term addicts.
Respondent
Respondent argued that intent to supply aggravates the offence and that the quantity imported is relevant to inferring such intent.

05

Court’s reasoning

  1. 01

    [1997] JLR 1

    No presumption of intent to supply for sentencing purposes in drug importation cases; intent to supply aggravates the offence; quantity of drugs imported is relevant to determining intent to supply.

06

Ratio, limits and disposition

Ratio decidendi

There is no presumption for sentencing purposes of intent to supply in drug importation cases; intent to supply aggravates the offence; the quantity of drugs imported is relevant in determining whether there was an intention to supply, taking into account all circumstances, including the possibility that a long-term addict may use higher than average amounts.

Obiter and limits

  • Long-term addicts may be capable of using higher than average amounts of drugs, which must be considered when assessing intent to supply.

Court disposition

clarification of sentencing principles

Source and reliance status

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Judgment text

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Source document

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Judgment

[1997] JLR 1

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