1998/243 - AG v Brian Whyte [1998] UR 243 (2 December 1998)

1998/243 - AG v Brian Whyte [1998] UR 243 (2 December 1998)

Drug trafficking is peculiarly heinous and antisocial, warranting condign punishment. The defendant breached probation and attempted to traffic heroin, causing harm to society. The court followed sentencing guidelines and imposed a total sentence of 4 years and 9 months imprisonment.

Citation
[1998] UR 243
Parties
Defendant: Mr Whyte; Prosecutor: Crown Advocate
Jurisdiction
Jersey
Judgment Date
02 December 1998
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentencing
Legal Topics
Drug Trafficking, Breach of Probation, Sentencing Guidelines
Criminal Law Drug Trafficking Breach of Probation Sentencing Guidelines

Case Brief

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Parties

Mr Whyte

Defendant

Crown Advocate

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for trafficking in Class A drugs
  2. 2 breach of probation order

Ratio Decidendi

Drug trafficking is peculiarly heinous and antisocial, warranting condign punishment. The defendant breached probation and attempted to traffic heroin, causing harm to society. The court followed sentencing guidelines and imposed a total sentence of 4 years and 9 months imprisonment.

Court Disposition

conviction and sentencing

Orders

  • Four and a half years imprisonment on each count of the main indictment, concurrent.
  • Discharge of probation order and substitution of concurrent sentences: 3 months, 1 month, and 2 weeks imprisonment, consecutive to main indictment sentences.