AG -v- McInerney [2009] JRC 069 (15 April 2009)

AG -v- McInerney [2009] JRC 069 (15 April 2009)

Threats associated with drug trafficking do not constitute significant mitigation; the sentence must punish the offence and deter similar conduct.

Citation
[2009] JRC 069
Parties
Defendant: McInerney; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
15 April 2009
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Drug Trafficking, Sentencing, Mitigation
Criminal Law Drug Trafficking Sentencing Mitigation

Case Brief

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Parties

McInerney

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for importing heroin
  2. 2 consideration of threats as mitigation

Ratio Decidendi

Threats associated with drug trafficking do not constitute significant mitigation; the sentence must punish the offence and deter similar conduct.

Court Disposition

convicted and sentenced

Orders

  • Imprisonment for 4.5 years
  • Forfeiture and destruction of drugs