AG -v- Howard and Howard [2013] JRC 018 (24 January 2013)
Jeremy Howard received 8 years' imprisonment due to the seriousness of the offence, recidivism, and proximity to suppliers, with a reduction for guilty plea. Thomas Howard avoided custody due to a unique combination of mitigating factors, including youth, trauma, and sole parental responsibility, resulting in probation and community service instead.
- Citation
- [2013] JRC 018
- Parties
- Defendant: Jeremy Howard; Defendant: Thomas Howard; Prosecutor: Crown
- Jurisdiction
- Jersey
- Judgment Date
- 24 January 2013
- Procedural Posture
- Criminal / Sentencing
- Outcome
- partly custodial, partly non-custodial
- Legal Topics
- Drug Importation, Conspiracy, Sentencing, Youth Offenders
Case Brief
Summary, issues, holding and outcome
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Parties
Jeremy Howard
Defendant
Thomas Howard
Defendant
Crown
Prosecutor
Procedural Posture
Criminal / Sentencing
Legal Issues
- 1 Appropriate sentence for conspiracy to import heroin
- 2 Application of mitigation and exceptional circumstances for youth offender
- 3 Sentencing guidelines for repeat drug offences
Ratio Decidendi
Jeremy Howard received 8 years' imprisonment due to the seriousness of the offence, recidivism, and proximity to suppliers, with a reduction for guilty plea. Thomas Howard avoided custody due to a unique combination of mitigating factors, including youth, trauma, and sole parental responsibility, resulting in probation and community service instead.
Court Disposition
partly custodial, partly non-custodial
Orders
- Jeremy Howard sentenced to 8 years' imprisonment.
- Thomas Howard placed on probation for 2 years and ordered to perform 312 hours' community service.
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