Jersey Judgment

Kenward v Att. Gen. [2000] JLR 251 (14 July 2000)

Criminal Law Drug Importation Sentencing Drug Purity

Citation: [2000] JLR 251
Status: Judgment
Jurisdiction: Jersey
Posture: Criminal Appeal / Judgment

More details

Posture: Criminal Appeal / Judgment

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Professional case brief

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Source document

Holding and result

The court held that the purity of the drug must be taken into account when assessing the starting point for sentence in cases of drug importation.

Court disposition

appeal allowed in part

Material facts

Parties

Kenward

Applicant

Attorney General

Respondent

Procedural history

Posture

Criminal Appeal / Judgment

Questions and positions

Legal issues

Whether the purity of the drug should be taken into account when assessing the starting point for sentence in drug importation cases

Party arguments

Applicant: The purity of the drug should be considered in determining the appropriate starting point for sentencing.
Respondent: The sentencing should follow established guidelines, potentially irrespective of drug purity.

Court’s reasoning

Legal principles

01
Kenward v Att. Gen. [2000] JLR 251

Purity of the drug involved is a relevant factor in assessing the starting point for sentence in drug importation cases.

Ratio, limits and disposition

Ratio decidendi

The court held that the purity of the drug must be taken into account when assessing the starting point for sentence in cases of drug importation.

Court disposition

appeal allowed in part

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Judgment text

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Source document

Court record

Judgment

[2000] JLR 251

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Kenward v Att. Gen. [2000] JLR 251

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