AG v Bartley and Ors [2004] JRC 037 (25 February 2004)

AG v Bartley and Ors [2004] JRC 037 (25 February 2004)

Given the level and scale of involvement of the defendants, the Campbell, Molloy and Mackenzie guidelines are relevant and applied. Sentences are adjusted for mitigation, including guilty pleas, cooperation, and personal circumstances. Greater discounts are given where defendants assisted authorities or indicated willingness to give evidence against others.

Citation
[2004] JRC 037
Parties
Defendant: Mark Ormesher; Defendant: Paul Bartley; Defendant: Paul McEvoy; Defendant: Anthony Spinola; Defendant: Matthew Stephen Rowles; Defendant: David Charles Bentley; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
25 February 2004
Procedural Posture
Criminal / Sentencing Judgment
Outcome
conviction and custodial sentences for all defendants; forfeiture and destruction of drugs ordered
Legal Topics
Drug Offences, Sentencing, Mitigation, Supply of Controlled Drugs
Criminal Law Drug Offences Sentencing Mitigation Supply of Controlled Drugs

Case Brief

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Parties

Mark Ormesher

Defendant

Paul Bartley

Defendant

Paul McEvoy

Defendant

Anthony Spinola

Defendant

Matthew Stephen Rowles

Defendant

David Charles Bentley

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Appropriate sentencing guidelines for supply of controlled drugs
  2. 2 Application of Campbell, Molloy and Mackenzie guidelines to Article 5(c) offences
  3. 3 Degree of mitigation for guilty pleas and cooperation with authorities

Ratio Decidendi

Given the level and scale of involvement of the defendants, the Campbell, Molloy and Mackenzie guidelines are relevant and applied. Sentences are adjusted for mitigation, including guilty pleas, cooperation, and personal circumstances. Greater discounts are given where defendants assisted authorities or indicated willingness to give evidence against others.

Court Disposition

conviction and custodial sentences for all defendants; forfeiture and destruction of drugs ordered

Orders

  • Mark Ormesher: 5 years' imprisonment on count 8
  • Paul Bartley: 5 years' imprisonment on one count