AG -v- Mohammed [2008] JRC 189 (07 November 2008)

AG -v- Mohammed [2008] JRC 189 (07 November 2008)

A custodial sentence is warranted for drug offences committed while on probation, but the sentence may be suspended to allow the defendant an opportunity for rehabilitation through education.

Citation
[2008] JRC 189
Parties
Defendant: Mohammed; Prosecutor: Crown Advocate
Jurisdiction
Jersey
Judgment Date
07 November 2008
Procedural Posture
Criminal / Sentencing
Outcome
custodial sentence imposed and suspended for 12 months
Legal Topics
Drug Offences, Sentencing, Suspended Sentences
Criminal Law Drug Offences Sentencing Suspended Sentences

Case Brief

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Parties

Mohammed

Defendant

Crown Advocate

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether a custodial sentence should be imposed for drug offences committed while on probation
  2. 2 Whether the sentence should be suspended to allow the defendant to continue education

Ratio Decidendi

A custodial sentence is warranted for drug offences committed while on probation, but the sentence may be suspended to allow the defendant an opportunity for rehabilitation through education.

Court Disposition

custodial sentence imposed and suspended for 12 months

Orders

  • Sentences of imprisonment as moved for by the Crown Advocate, suspended for 12 months
  • Forfeiture and destruction of the drugs