1999/24 - AG v McCabe [1999] UR 24 (5 February 1999)

1999/24 - AG v McCabe [1999] UR 24 (5 February 1999)

Lakeman's rehabilitation efforts justified a non-custodial sentence despite the seriousness of the offence; McCabe's prior record and the gravity of his offences warranted imprisonment and disqualification from driving.

Citation
[1999] UR 24
Parties
Defendant: Lakeman; Defendant: McCabe; Prosecutor: Crown Advocate
Jurisdiction
Jersey
Judgment Date
05 February 1999
Procedural Posture
Criminal / Sentencing
Outcome
Lakeman sentenced to 9 weeks imprisonment with immediate release; McCabe sentenced to 6 months imprisonment, fined £100, disqualified from driving for 3 years, drugs forfeited and ordered destroyed.
Legal Topics
Breaking and Entering, Driving Offences, Sentencing, Drug Offences
Criminal Law Breaking and Entering Driving Offences Sentencing Drug Offences

Case Brief

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Parties

Lakeman

Defendant

McCabe

Defendant

Crown Advocate

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentencing for breaking and entering
  2. 2 appropriate sentencing for driving offences
  3. 3 appropriate sentencing for drug offences

Ratio Decidendi

Lakeman's rehabilitation efforts justified a non-custodial sentence despite the seriousness of the offence; McCabe's prior record and the gravity of his offences warranted imprisonment and disqualification from driving.

Court Disposition

Lakeman sentenced to 9 weeks imprisonment with immediate release; McCabe sentenced to 6 months imprisonment, fined £100, disqualified from driving for 3 years, drugs forfeited and ordered destroyed.

Orders

  • Lakeman: 9 weeks imprisonment, immediate release
  • McCabe: 5 months imprisonment (first indictment, count 1)