AG v Hepburn and Ors [2004] JRC 167A (22 September 2004)

AG v Hepburn and Ors [2004] JRC 167A (22 September 2004)

Custodial sentences are required for commercial importation of heroin due to the seriousness and potential harm, with mitigation considered but not sufficient for non-custodial outcomes.

Citation
[2004] JRC 167A
Parties
Defendant: Le Marinel; Defendant: Harris; Defendant: Hepburn; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
22 September 2004
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Drug Importation, Sentencing, Mitigation

Case Brief

Summary, issues, holding and outcome

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Parties

Le Marinel

Defendant

Harris

Defendant

Hepburn

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Sentencing

  1. 1 appropriate sentencing for heroin importation
  2. 2 consideration of mitigation
  3. 3 role of each defendant in the offence

Ratio Decidendi

Custodial sentences are required for commercial importation of heroin due to the seriousness and potential harm, with mitigation considered but not sufficient for non-custodial outcomes.

Court Disposition

convicted and sentenced

Orders

  • Le Marinel sentenced to 3 years' imprisonment
  • Harris sentenced to 6 years' imprisonment