AG -v- Howard [2015] JRC 066 (30 March 2015)

AG -v- Howard [2015] JRC 066 (30 March 2015)

Despite the seriousness of the offence and prior leniency, the Court imposed a non-custodial sentence as an act of mercy due to exceptional family hardship, particularly concerning the care of the defendant's oldest child.

Citation
[2015] JRC 066
Parties
Defendant: Mr Howard; Prosecution: Attorney General
Jurisdiction
Jersey
Judgment Date
30 March 2015
Procedural Posture
Criminal / Sentencing
Outcome
non-custodial sentence imposed as act of mercy
Legal Topics
Drug Offences, Sentencing, Mitigation, Probation, Community Service
Criminal Law Drug Offences Sentencing Mitigation Probation Community Service

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Parties

Mr Howard

Defendant

Attorney General

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for possession of ecstasy with intent to supply
  2. 2 Mitigation based on family hardship
  3. 3 Effect of prior probation order

Ratio Decidendi

Despite the seriousness of the offence and prior leniency, the Court imposed a non-custodial sentence as an act of mercy due to exceptional family hardship, particularly concerning the care of the defendant's oldest child.

Court Disposition

non-custodial sentence imposed as act of mercy

Orders

  • 456 hours' community service to be completed within 2 years
  • 2 years probation with psychological work as recommended