AG -v- Moody [2012] JRC 183 (12 October 2012)

AG -v- Moody [2012] JRC 183 (12 October 2012)

Despite the seriousness of importing Class B drugs and the aggravating factor of using others' addresses, the offence was for personal use, and significant mitigation was present. A custodial sentence was not appropriate; instead, a substantial community service order was imposed.

Citation
[2012] JRC 183
Jurisdiction
Jersey
Judgment Date
12 October 2012
Procedural Posture
Criminal / Sentencing
Outcome
community service order imposed
Legal Topics
Importation of Controlled Substances, Sentencing, Community Service, Mitigation
Criminal Law Importation of Controlled Substances Sentencing Community Service Mitigation

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for importation of Class B drugs for personal use
  2. 2 consideration of aggravating and mitigating factors in sentencing

Ratio Decidendi

Despite the seriousness of importing Class B drugs and the aggravating factor of using others' addresses, the offence was for personal use, and significant mitigation was present. A custodial sentence was not appropriate; instead, a substantial community service order was imposed.

Court Disposition

community service order imposed

Orders

  • 180 hours of community service to be performed concurrently on each count
  • forfeiture and destruction of the drugs