AG -v- Baugh and Lawlor [2013] JRC 086 (10 May 2013)

AG -v- Baugh and Lawlor [2013] JRC 086 (10 May 2013)

Custodial sentences are mandatory for perverting the course of justice where an innocent third party is implicated, and sentences for related drug offences must also be custodial and consecutive due to the seriousness of the primary offence.

Citation
[2013] JRC 086
Parties
Defendant: Mr Baugh; Defendant: Mr Lawlor; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
10 May 2013
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Perverting the Course of Justice, Drug Offences, Sentencing
Criminal Law Perverting the Course of Justice Drug Offences Sentencing

Case Brief

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Parties

Mr Baugh

Defendant

Mr Lawlor

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for perverting the course of justice
  2. 2 Appropriate sentence for drug importation offences
  3. 3 Relative culpability between co-defendants

Ratio Decidendi

Custodial sentences are mandatory for perverting the course of justice where an innocent third party is implicated, and sentences for related drug offences must also be custodial and consecutive due to the seriousness of the primary offence.

Court Disposition

convicted and sentenced

Orders

  • Mr Baugh: 7 months' imprisonment for perverting the course of justice, 8 months for cannabis importation, 6 months for diazepam importation, drug sentences concurrent with each other but consecutive to perverting the course of justice, total 15 months' imprisonment.
  • Mr Lawlor: 5 months' imprisonment for perverting the course of justice, 4 months for cannabis importation, 3 months for diazepam importation, drug sentences concurrent with each other but consecutive to perverting the course of justice, total 9 months' imprisonment.