AG v Pinto 8 Mar 2019 [2019] JRC 038 (08 March 2019)

AG v Pinto 8 Mar 2019 [2019] JRC 038 (08 March 2019)

The Crown accepted the not guilty plea to the more serious charge within a week of the indictment being laid, which was not considered a sufficient delay to justify an order for costs against the Crown.

Source-derived case information.

Citation
[2019] JRC 038
Parties
Defendant: Mr Pinto; Prosecution: The Crown
Jurisdiction
Jersey
Judgment Date
08 March 2019
Procedural Posture
Criminal / Sentencing
Outcome
Defendant sentenced to 12 months' probation; application for defence costs dismissed.
Legal Topics
Possession of Drug Paraphernalia, Probation Orders, Costs Applications
Criminal Law Possession of Drug Paraphernalia Probation Orders Costs Applications

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Parties

Mr Pinto

Defendant

The Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the defendant should be sentenced for possession of a utensil for the purposes of committing an offence under Article 10 of the Misuse of Drugs (Jersey) Law 1978
  2. 2 Whether a costs order should be made against the Crown for laying and then not proceeding with a more serious charge

Ratio Decidendi

The Crown accepted the not guilty plea to the more serious charge within a week of the indictment being laid, which was not considered a sufficient delay to justify an order for costs against the Crown.

Court Disposition

Defendant sentenced to 12 months' probation; application for defence costs dismissed.

Orders

  • Defendant placed on probation for 12 months with standard conditions.
  • £800 seized to be held by the Viscount and returned upon successful completion of probation.