AG v Atkinson and Others [2007] JRC 090 (30 April 2007)

AG v Atkinson and Others [2007] JRC 090 (30 April 2007)

Sentences were determined by applying established guidelines for drug importation and trafficking, taking into account the quantity and type of drugs, the role and culpability of each defendant, aggravating and mitigating factors, and the need for deterrence. The court rejected arguments for lower starting points...

Source-derived case information.

Citation
[2007] JRC 090
Parties
Defendant: Karen Atkinson; Defendant: James Fitzgerald; Defendant: Philip Clare; Defendant: Cedric Smith; Defendant: Philip Goldstone; Defendant: Daniel Hennessey; Defendant: Mark Shaw; Defendant: Donald Goodman; Defendant: Khazara Khan; Prosecution: Crown Advocate Gollop
Jurisdiction
Jersey
Judgment Date
30 April 2007
Procedural Posture
Criminal / Sentencing Judgment
Outcome
convictions and sentences imposed
Legal Topics
Drug Trafficking, Importation of Controlled Substances, Conspiracy, Money Laundering, Sentencing, Driving Offences, Bail Breach
Criminal Law Drug Trafficking Importation of Controlled Substances Conspiracy Money Laundering Sentencing Driving Offences Bail Breach

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Summary, issues, holding and outcome

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Parties

Karen Atkinson

Defendant

James Fitzgerald

Defendant

Philip Clare

Defendant

Cedric Smith

Defendant

Philip Goldstone

Defendant

Daniel Hennessey

Defendant

Mark Shaw

Defendant

Donald Goodman

Defendant

Khazara Khan

Defendant

Crown Advocate Gollop

Prosecution

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Appropriate sentencing for importation and distribution of controlled drugs
  2. 2 Role and culpability of each defendant in drug trafficking conspiracies
  3. 3 Application of sentencing guidelines for drug offences

Ratio Decidendi

Sentences were determined by applying established guidelines for drug importation and trafficking, taking into account the quantity and type of drugs, the role and culpability of each defendant, aggravating and mitigating factors, and the need for deterrence. The court rejected arguments for lower starting points based on precise drug weights or mistaken belief as to drug type, and imposed consecutive or concurrent sentences as appropriate, applying the totality principle.

Court Disposition

convictions and sentences imposed

Orders

  • Karen Atkinson: 6 years' imprisonment (Count 4, First Indictment)
  • James Fitzgerald: 5 years' imprisonment (Counts 1 and 4, First Indictment; Count 6, Second Indictment, concurrent)