AG v McClean [2001] JRC 100 (04 May 2001)

AG v McClean [2001] JRC 100 (04 May 2001)

The correct starting point for sentencing is four years due to the seriousness of the offence and expectation of repayment in kind, but a deduction of two years is warranted for mitigation, resulting in a total sentence of two years imprisonment concurrent on all counts.

Citation
[2001] JRC 100
Parties
Prosecution: The Crown; Defendant: McClean
Jurisdiction
Jersey
Judgment Date
04 May 2001
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Drug Offences, Sentencing, Mitigation, Recidivism
Criminal Law Drug Offences Sentencing Mitigation Recidivism

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

The Crown

Prosecution

McClean

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for supply of heroin not for commercial gain
  2. 2 Application of Campbell guidelines
  3. 3 Consideration of previous convictions in sentencing

Ratio Decidendi

The correct starting point for sentencing is four years due to the seriousness of the offence and expectation of repayment in kind, but a deduction of two years is warranted for mitigation, resulting in a total sentence of two years imprisonment concurrent on all counts.

Court Disposition

convicted and sentenced

Orders

  • Count 1: one month imprisonment
  • Count 2: two months imprisonment