AG v Lambotte [2001] JRC 101 (11 May 2001)

AG v Lambotte [2001] JRC 101 (11 May 2001)

A flagrant breach of probation after a clear warning justifies the imposition of consecutive custodial sentences despite mitigation.

Citation
[2001] JRC 101
Parties
Defendant: Lambotte; Prosecution: The Crown
Jurisdiction
Jersey
Judgment Date
11 May 2001
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced to imprisonment
Legal Topics
Possession With Intent to Supply, Probation Breach, Sentencing
Criminal Law Possession With Intent to Supply Probation Breach Sentencing

Case Brief

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Parties

Lambotte

Defendant

The Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the defendant should be sentenced to imprisonment following breach of probation for drug offences
  2. 2 Appropriate sentence for possession of heroin and obstruction of police

Ratio Decidendi

A flagrant breach of probation after a clear warning justifies the imposition of consecutive custodial sentences despite mitigation.

Court Disposition

convicted and sentenced to imprisonment

Orders

  • 3 months' imprisonment on count 1; 1 month's imprisonment on count 2, concurrent (total 3 months)
  • 1 month's imprisonment on count 1 (probation offence); 1 month's imprisonment on count 3; 4 months' imprisonment on count 4, all concurrent but consecutive to other indictment (total 7 months)