AG v Smitton Banach and Reeves [2019] JRC 093 (23 May 2019)

AG v Smitton Banach and Reeves [2019] JRC 093 (23 May 2019)

The sentences were determined by applying the totality principle to avoid an excessive aggregate sentence, considering personal mitigation and the involvement in drug trafficking, and imposing concurrent sentences for related offences.

Citation
[2019] JRC 093
Parties
Defendant: Mr Smitton; Defendant: Mr Banach; Defendant: Mr Reeves
Jurisdiction
Jersey
Judgment Date
23 May 2019
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentencing
Legal Topics
Drug Trafficking, Confiscation, Sentencing, Forfeiture
Criminal Law Drug Trafficking Confiscation Sentencing Forfeiture

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Smitton

Defendant

Mr Banach

Defendant

Mr Reeves

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentencing for drug trafficking offences
  2. 2 application of confiscation orders
  3. 3 totality principle in sentencing

Ratio Decidendi

The sentences were determined by applying the totality principle to avoid an excessive aggregate sentence, considering personal mitigation and the involvement in drug trafficking, and imposing concurrent sentences for related offences.

Court Disposition

conviction and sentencing

Orders

  • Mr Smitton sentenced to 17 years' imprisonment
  • Mr Banach sentenced to 10 years and 6 months' imprisonment