AG -v- Bates and Fairbrace [2007] JRC 006 (12 January 2007)

AG -v- Bates and Fairbrace [2007] JRC 006 (12 January 2007)

Despite the seriousness of drug supply, strong mitigating factors justified departure from immediate imprisonment in favour of probation and community service.

Citation
[2007] JRC 006
Parties
Defendant: Mr Bates; Defendant: Miss Fairbrace; Prosecution: The Crown
Jurisdiction
Jersey
Judgment Date
12 January 2007
Procedural Posture
Criminal / Sentencing
Outcome
non-custodial sentences imposed due to mitigation
Legal Topics
Drug Offences, Sentencing, Community Service, Probation Orders
Criminal Law Drug Offences Sentencing Community Service Probation Orders

Case Brief

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Parties

Mr Bates

Defendant

Miss Fairbrace

Defendant

The Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for supply of cannabis resin
  2. 2 Consideration of mitigating factors in sentencing

Ratio Decidendi

Despite the seriousness of drug supply, strong mitigating factors justified departure from immediate imprisonment in favour of probation and community service.

Court Disposition

non-custodial sentences imposed due to mitigation

Orders

  • Miss Fairbrace: 2 year probation order with treatment, 150 hours community service concurrent on all counts
  • Mr Bates: 180 hours community service