AG -v- Hamon and Boustouler [2011] JRC 108 (01 June 2011)

AG -v- Hamon and Boustouler [2011] JRC 108 (01 June 2011)

Sentences reflect seriousness of heroin supply, aggravating factors, and exceptional cooperation; concurrent sentences imposed to avoid excessive punishment; Boustouler's cooperation and rehabilitation warrant probation and treatment order.

Citation
[2011] JRC 108
Parties
Defendant: Hamon; Defendant: Boustouler; Defendant: Pereira; Victim: Marks and Spencer
Jurisdiction
Jersey
Judgment Date
01 June 2011
Procedural Posture
Criminal / Sentencing
Outcome
convicted
Legal Topics
Drug Offences, Larceny, Sentencing, Mitigation, Probation
Criminal Law Drug Offences Larceny Sentencing Mitigation Probation

Case Brief

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Parties

Hamon

Defendant

Boustouler

Defendant

Pereira

Defendant

Marks and Spencer

Victim

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 sentencing for supply of heroin
  2. 2 mitigation for cooperation
  3. 3 concurrent vs consecutive sentences

Ratio Decidendi

Sentences reflect seriousness of heroin supply, aggravating factors, and exceptional cooperation; concurrent sentences imposed to avoid excessive punishment; Boustouler's cooperation and rehabilitation warrant probation and treatment order.

Court Disposition

convicted

Orders

  • Hamon sentenced to 5 years' imprisonment (concurrent for all counts).
  • Boustouler sentenced to 18 months' probation, 12 month Treatment Order, 240 hours' community service, 18 month Probation Order (concurrent).