AG -v- MacKenzie and Richards [2011] JRC 173A (31 August 2011)

AG -v- MacKenzie and Richards [2011] JRC 173A (31 August 2011)

The starting point for sentencing in possession with intent to supply class A drugs is seven years, regardless of whether the supply is commercial or social; intentions of social supply are relevant only to mitigation. The Valler uplift applies based on the significance of additional drugs, not the offender's intentions.

Citation
[2011] JRC 173A
Parties
Prosecutor: Attorney General; Defendant: MacKenzie; Defendant: Richards
Jurisdiction
Jersey
Judgment Date
31 August 2011
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentencing
Legal Topics
Drug Offences, Sentencing Guidelines, Possession With Intent to Supply, Social Supply, Valler Uplift
Criminal Law Drug Offences Sentencing Guidelines Possession With Intent to Supply Social Supply Valler Uplift

Case Brief

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Parties

Attorney General

Prosecutor

MacKenzie

Defendant

Richards

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Correct approach to sentencing for possession of controlled drugs with intent to supply in cases of social supply
  2. 2 Application of the Valler uplift in sentencing

Ratio Decidendi

The starting point for sentencing in possession with intent to supply class A drugs is seven years, regardless of whether the supply is commercial or social; intentions of social supply are relevant only to mitigation. The Valler uplift applies based on the significance of additional drugs, not the offender's intentions.

Court Disposition

conviction and sentencing

Orders

  • MacKenzie sentenced to three and a half years' imprisonment for possession of ecstasy with intent to supply, two years concurrent for possession of diazepam with intent to supply, one week concurrent for possession of cannabis and other drugs, no separate penalty for remaining counts, forfeiture and destruction of...
  • Richards sentenced to three years' imprisonment for possession of ecstasy with intent to supply, 15 months concurrent for possession of diazepam with intent to supply, one month and two months for motoring offences, 24 months disqualification, forfeiture and destruction of drugs ordered.