AG -v- Hagen [2010] JRC 058 (19 March 2010)
Mitigating factors, including personal circumstances and stress from the murder of the defendant's brother, justified a reduction from the starting point of 9 years to 4 years' imprisonment for drug trafficking offences.
Source-derived case information.
- Citation
- [2010] JRC 058
- Parties
- Defendant: Hagen; Prosecution: Crown Advocate
- Jurisdiction
- Jersey
- Judgment Date
- 19 March 2010
- Procedural Posture
- Criminal / Sentencing
- Outcome
- convicted
- Legal Topics
- Drug Trafficking, Sentencing, Mitigating Factors
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hagen
Defendant
Crown Advocate
Prosecution
Procedural Posture
Criminal / Sentencing
Legal Issues
- 1 appropriate sentence for drug trafficking offences
- 2 consideration of mitigating factors
Ratio Decidendi
Mitigating factors, including personal circumstances and stress from the murder of the defendant's brother, justified a reduction from the starting point of 9 years to 4 years' imprisonment for drug trafficking offences.
Court Disposition
convicted
Orders
- 4 years' imprisonment
- forfeiture and destruction of the drugs
Full Case Text
Judgment text and source record
1 paragraphs
JUDGMENT THE commissioner: 1. Hagen is to be sentenced for a number of drug trafficking offences including, most seriously, the supply of 56 grams of cocaine to persons unknown. Evidence of his drug trafficking activities emerged from recordings of conversations between Hagen and others from an audio receiver placed in his van. He is a low-level street dealer in Class A and Class B drugs. He has spent 9 months' in prison on remand. He has a bad record in that he was sentenced to 9 years' imprisonment in 2002 for the importation of heroin. 2. Defence Counsel has said everything that could be said on her client's behalf. We do take account particularly of the murder of the defendant's brother and the stress which, it is said, induced him to resort to cocaine in Scotland. For that reason and because of the other personal circumstances set out in the papers before us, we feel able to allow slightly more than the Crown Advocate has allowed for the mitigating factors. Both Counsel agree that the starting point of 9 years' imprisonment is correct. Small scale dealing in class A drugs is how a wider circle of people become ensnared in the drugs trap and must be punished. 3. Hagen , the sentence of the Court is that you will go to prison for 4 years. 4. We order the forfeiture and destruction of the drugs. Authorities Rimmer-v-AG [2001] JLR 373 . Page Last Updated: 02 Aug 2016 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII