AG v Neil [2004] JRC 088 (14 May 2004)

AG v Neil [2004] JRC 088 (14 May 2004)

The defendant is sentenced based on the seriousness of possessing a Class A drug, but with recognition of mitigating factors and the absence of commercial motive, resulting in suspended sentences.

Citation
[2004] JRC 088
Parties
Defendant: Neil; Prosecutor: Crown Advocate
Jurisdiction
Jersey
Judgment Date
14 May 2004
Procedural Posture
Criminal / Sentencing
Outcome
convicted; custodial sentences imposed and suspended
Legal Topics
Possession of Controlled Substances, Sentencing, Mitigating Factors, Suspended Sentence
Criminal Law Possession of Controlled Substances Sentencing Mitigating Factors Suspended Sentence

Case Brief

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Parties

Neil

Defendant

Crown Advocate

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for possession of a Class A drug
  2. 2 Consideration of mitigating factors in sentencing
  3. 3 Distinction between social and commercial supply

Ratio Decidendi

The defendant is sentenced based on the seriousness of possessing a Class A drug, but with recognition of mitigating factors and the absence of commercial motive, resulting in suspended sentences.

Court Disposition

convicted; custodial sentences imposed and suspended

Orders

  • 1 month's imprisonment on Count 1, suspended for two years
  • 12 months' imprisonment on Count 2, suspended for two years