AG v Durkin and Ors [2004] JRC 163 (13 September 2004)

AG v Durkin and Ors [2004] JRC 163 (13 September 2004)

The court imposed severe sentences for conspiracy to import a substantial quantity of heroin, reflecting the commercial intent and the need for deterrence, with reductions for guilty pleas, cooperation, and the fact that the conspiracy did not come to fruition. Probation was ordered for a defendant who cooperated...

Source-derived case information.

Citation
[2004] JRC 163
Parties
Defendant: Lawrence Durkin; Defendant: Jeremy Howard; Defendant: Rodney Bevis; Defendant: Gavin Hartley; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
13 September 2004
Procedural Posture
Criminal / Sentencing Judgment
Outcome
convictions and sentences imposed
Legal Topics
Drug Offences, Conspiracy to Import Drugs, Supply of Controlled Substances, Possession of Controlled Substances, Sentencing Guidelines, Probation Orders
Criminal Law Drug Offences Conspiracy to Import Drugs Supply of Controlled Substances Possession of Controlled Substances Sentencing Guidelines Probation Orders

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Parties

Lawrence Durkin

Defendant

Jeremy Howard

Defendant

Rodney Bevis

Defendant

Gavin Hartley

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Appropriate sentencing for conspiracy to import heroin
  2. 2 Sentencing for supply and possession of controlled substances
  3. 3 Mitigation for cooperation and guilty pleas

Ratio Decidendi

The court imposed severe sentences for conspiracy to import a substantial quantity of heroin, reflecting the commercial intent and the need for deterrence, with reductions for guilty pleas, cooperation, and the fact that the conspiracy did not come to fruition. Probation was ordered for a defendant who cooperated extensively with authorities.

Court Disposition

convictions and sentences imposed

Orders

  • Lawrence Durkin: 13 years' imprisonment (conspiracy to import heroin), concurrent sentences for related importation, supply, and possession offences.
  • Jeremy Howard: 13 years' imprisonment (conspiracy to import heroin), concurrent sentences for related importation, supply, possession, and theft offences.