AG -v- Page Childs and Keane [2012] JRC 131 (06 July 2012)

AG -v- Page Childs and Keane [2012] JRC 131 (06 July 2012)

The Court held that while the Inferior Number erred in adopting a starting point of four and a half years' imprisonment for Class C drug importation, the final sentences imposed were not manifestly excessive given the quantity of drugs, sophistication of the operation, and the appellants' criminal records. The appeals were therefore dismissed.

Citation
[2012] JRC 131
Parties
Appellant: Page; Appellant: Keane; Appellant: Childs; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
06 July 2012
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sentencing, Drug Offences, Importation of Controlled Substances, Appeal Procedure
Criminal Law Sentencing Drug Offences Importation of Controlled Substances Appeal Procedure

Case Brief

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Parties

Page

Appellant

Keane

Appellant

Childs

Appellant

Attorney General

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the starting point for sentencing adopted by the Inferior Number of the Royal Court for importation of Class C drugs was manifestly excessive
  2. 2 Whether the sentences imposed were manifestly excessive given the facts and statutory maximum

Ratio Decidendi

The Court held that while the Inferior Number erred in adopting a starting point of four and a half years' imprisonment for Class C drug importation, the final sentences imposed were not manifestly excessive given the quantity of drugs, sophistication of the operation, and the appellants' criminal records. The appeals were therefore dismissed.

Court Disposition

appeal dismissed

Orders

  • Sentences of three years' imprisonment for Page, two years and eight months for Childs, and two and a half years for Keane affirmed.
  • Defence counsel awarded legal aid costs.