AG v Harkin and Kemp [2003] JRC 162 (15 September 2003)

AG v Harkin and Kemp [2003] JRC 162 (15 September 2003)

The seriousness of heroin trafficking warrants severe punishment, but substantial mitigation is justified for cooperation, guilty pleas, youth, and willingness to name suppliers, resulting in a reduced sentence.

Citation
[2003] JRC 162
Parties
Defendant: Harkin; Defendant: Kemp; Prosecution: Crown Advocate
Jurisdiction
Jersey
Judgment Date
15 September 2003
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Drug Trafficking, Sentencing, Mitigation
Criminal Law Drug Trafficking Sentencing Mitigation

Case Brief

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Parties

Harkin

Defendant

Kemp

Defendant

Crown Advocate

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for heroin trafficking
  2. 2 Effect of cooperation and naming suppliers as mitigation

Ratio Decidendi

The seriousness of heroin trafficking warrants severe punishment, but substantial mitigation is justified for cooperation, guilty pleas, youth, and willingness to name suppliers, resulting in a reduced sentence.

Court Disposition

convicted and sentenced

Orders

  • Each defendant sentenced to 30 months' imprisonment
  • Forfeiture and destruction of the drugs