AG v Butler [2000] JRC 1A (07 January 2000)

AG v Butler [2000] JRC 1A (07 January 2000)

The court determined that, despite the seriousness of the offences and the absence of exceptional circumstances, the defendant's wish to undergo drug treatment and time already served in custody justified binding him over to be of good behaviour with conditions, rather than imposing further youth detention.

Citation
[2000] JRC 1A
Parties
Prosecutor: Attorney General; Defendant: Oliver Robert Butler
Jurisdiction
Jersey
Judgment Date
07 January 2000
Procedural Posture
Criminal / Sentencing
Outcome
Defendant bound over to be of good behaviour for 6 months with conditions; probation order discharged; drugs forfeited and destroyed; disqualification from driving for 6 months concurrent on relevant counts; fines imposed with detention in default.
Legal Topics
Possession of Controlled Drugs, Driving Whilst Disqualified, Driving Without Insurance, Driving Without Due Care, Failure to Notify Change of Ownership, Breach of Probation
Criminal Law Road Traffic Law Drug Law Possession of Controlled Drugs Driving Whilst Disqualified Driving Without Insurance Driving Without Due Care Failure to Notify Change of Ownership +1 more

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Parties

Attorney General

Prosecutor

Oliver Robert Butler

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for multiple offences including possession of diamorphine, driving offences, and breach of probation

Ratio Decidendi

The court determined that, despite the seriousness of the offences and the absence of exceptional circumstances, the defendant's wish to undergo drug treatment and time already served in custody justified binding him over to be of good behaviour with conditions, rather than imposing further youth detention.

Court Disposition

Defendant bound over to be of good behaviour for 6 months with conditions; probation order discharged; drugs forfeited and destroyed; disqualification from driving for 6 months concurrent on relevant counts; fines imposed with detention in default.

Orders

  • Defendant to reside with family for 6 months and undergo Naltraxone treatment as directed
  • Disqualification from driving for 6 months on counts 2, 3, 4, 5, 6, and 7, concurrent