AG -v- Marsh [2008] JRC 147 (05 September 2008)

AG -v- Marsh [2008] JRC 147 (05 September 2008)

Exceptional mitigation including youth, good character, guilty plea, cooperation, naming supplier, father's influence, and injuries suffered justify avoiding custodial sentence and imposing substantial community service instead.

Citation
[2008] JRC 147
Parties
Defendant: Mr Marsh; Prosecutor: Crown
Jurisdiction
Jersey
Judgment Date
05 September 2008
Procedural Posture
Criminal / Sentencing
Outcome
non-custodial sentence
Legal Topics
Drug Offences, Sentencing, Young Offenders, Mitigation
Criminal Law Drug Offences Sentencing Young Offenders Mitigation

Case Brief

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Parties

Mr Marsh

Defendant

Crown

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for supply and possession with intent to supply ecstasy by a young offender
  2. 2 mitigating factors in sentencing for drug offences

Ratio Decidendi

Exceptional mitigation including youth, good character, guilty plea, cooperation, naming supplier, father's influence, and injuries suffered justify avoiding custodial sentence and imposing substantial community service instead.

Court Disposition

non-custodial sentence

Orders

  • 12 months' probation subject to usual conditions including attendance at programmes deemed appropriate by Probation Officer
  • 240 hours Community Service to be completed within 12 months, equivalent to 18 months' imprisonment