1999/187 - AG v O'Neill [1999] UR 187 (26 October 1999)

1999/187 - AG v O'Neill [1999] UR 187 (26 October 1999)

Given the seriousness and totality of the offending, and the defendant's prior record, a non-custodial sentence could not be justified; youth detention was mandatory under the applicable law.

Citation
[1999] UR 187
Parties
Defendant: O'Neill; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
26 October 1999
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Drug Offences, Youth Detention, Sentencing
Criminal Law Drug Offences Youth Detention Sentencing

Case Brief

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Parties

O'Neill

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for possession of amphetamine with intent to supply by a young offender
  2. 2 Application of sentencing guidelines for drug offences involving less than 1 kg
  3. 3 Consideration of prior record and personal circumstances in sentencing

Ratio Decidendi

Given the seriousness and totality of the offending, and the defendant's prior record, a non-custodial sentence could not be justified; youth detention was mandatory under the applicable law.

Court Disposition

convicted and sentenced

Orders

  • 12 months Youth Detention on count 1
  • 1 month Youth Detention on count 3, concurrent