AG v Lambotte and Parry [2011] JRC 081 (13 April 2011)

AG v Lambotte and Parry [2011] JRC 081 (13 April 2011)

Sentences for importation of heroin must start at a high point, with reductions for personal use and mitigation; custodial sentences are required due to the risk of drugs being passed to others.

Citation
[2011] JRC 081
Parties
Defendant: Parry; Defendant: Lambotte; Prosecutor: Crown Advocate
Jurisdiction
Jersey
Judgment Date
13 April 2011
Procedural Posture
Criminal / Sentencing
Outcome
conviction and custodial sentences imposed
Legal Topics
Drug Importation, Sentencing, Mitigation, Forfeiture
Criminal Law Drug Importation Sentencing Mitigation Forfeiture

Case Brief

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Parties

Parry

Defendant

Lambotte

Defendant

Crown Advocate

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentencing for importation of heroin
  2. 2 mitigation for personal use
  3. 3 sentencing for possession of cannabis and diazepam

Ratio Decidendi

Sentences for importation of heroin must start at a high point, with reductions for personal use and mitigation; custodial sentences are required due to the risk of drugs being passed to others.

Court Disposition

conviction and custodial sentences imposed

Orders

  • Parry sentenced to 3 years and 6 months' imprisonment for importation of heroin
  • Parry sentenced to 3 months' imprisonment for possession of cannabis, 6 weeks for possession of diazepam, concurrent but consecutive to main sentence, total 3 years and 9 months