AG -v- Gautier and Halais [2015] JRC 262A (16 December 2015)

AG -v- Gautier and Halais [2015] JRC 262A (16 December 2015)

Both defendants voluntarily participated in importing a large quantity of cannabis resin for financial gain; Halais had a greater organisational role and received a higher sentence. Confiscation and deportation were ordered as the legal tests were met and not opposed.

Citation
[2015] JRC 262A
Parties
Defendant: Halais; Defendant: Gautier; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
16 December 2015
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Drug Importation, Sentencing, Confiscation, Deportation
Criminal Law Drug Importation Sentencing Confiscation Deportation

Case Brief

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Parties

Halais

Defendant

Gautier

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 fraudulent evasion of prohibition on importation of controlled drug
  2. 2 sentencing for drug offences
  3. 3 confiscation of proceeds

Ratio Decidendi

Both defendants voluntarily participated in importing a large quantity of cannabis resin for financial gain; Halais had a greater organisational role and received a higher sentence. Confiscation and deportation were ordered as the legal tests were met and not opposed.

Court Disposition

convicted and sentenced

Orders

  • Halais sentenced to 6.5 years imprisonment
  • Gautier sentenced to 5.5 years imprisonment