AG -v- Buckley [2008] JRC 144 (29 August 2008)

AG -v- Buckley [2008] JRC 144 (29 August 2008)

Exceptional mercy granted due to defendant's addiction, cooperation, and support network; probation imposed with strict conditions instead of custodial sentence, despite guideline starting points.

Citation
[2008] JRC 144
Parties
Defendant: Mr Buckley; Prosecution: The Crown
Jurisdiction
Jersey
Judgment Date
29 August 2008
Procedural Posture
Criminal / Sentencing
Outcome
probation order imposed
Legal Topics
Drug Offences, Sentencing, Probation, Mitigation
Criminal Law Drug Offences Sentencing Probation Mitigation

Case Brief

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Parties

Mr Buckley

Defendant

The Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentencing for supply of heroin
  2. 2 consecutive sentencing for proceeds of crime
  3. 3 mitigation for drug addiction

Ratio Decidendi

Exceptional mercy granted due to defendant's addiction, cooperation, and support network; probation imposed with strict conditions instead of custodial sentence, despite guideline starting points.

Court Disposition

probation order imposed

Orders

  • 3 years' probation concurrent on all counts
  • Attend Alcohol and Drugs Service for 12 months as directed