AG v Deadman and Hall [2011] JRC 154 (01 August 2011)

AG v Deadman and Hall [2011] JRC 154 (01 August 2011)

The Rimmer guidelines do not apply where the substance imported contains such a negligible amount of heroin that it is not measurable; however, a custodial sentence is still warranted for the attempt to import heroin, with mitigation for youth and relative culpability.

Citation
[2011] JRC 154
Parties
Defendant: Mr Deadman; Defendant: Mr Hall
Jurisdiction
Jersey
Judgment Date
01 August 2011
Procedural Posture
Criminal / Sentencing
Outcome
conviction and custodial sentence
Legal Topics
Drug Importation, Attempted Offences, Sentencing Guidelines
Criminal Law Drug Importation Attempted Offences Sentencing Guidelines

Case Brief

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Parties

Mr Deadman

Defendant

Mr Hall

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the Rimmer guidelines apply to an attempt to import heroin of unmeasurable purity
  2. 2 Appropriate sentence for attempted importation of Class A drugs with negligible active ingredient

Ratio Decidendi

The Rimmer guidelines do not apply where the substance imported contains such a negligible amount of heroin that it is not measurable; however, a custodial sentence is still warranted for the attempt to import heroin, with mitigation for youth and relative culpability.

Court Disposition

conviction and custodial sentence

Orders

  • Mr Deadman sentenced to 2 years' imprisonment
  • Mr Hall sentenced to 18 months' imprisonment