AG v Wakeham [2000] JRC 21C (04 February 2000)

AG v Wakeham [2000] JRC 21C (04 February 2000)

The court held that the totality principle did not apply in this case due to the serious breach of trust and the distinct nature of the new offences committed while serving a previous sentence.

Citation
[2000] JRC 21C
Parties
Prosecutor: The Attorney General; Accused: Alexander James Justin Wakeham
Jurisdiction
Jersey
Judgment Date
04 February 2000
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Possession of Controlled Drugs, Breach of Trust, Sentencing, Totality Principle
Criminal Law Possession of Controlled Drugs Breach of Trust Sentencing Totality Principle

Case Brief

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Parties

The Attorney General

Prosecutor

Alexander James Justin Wakeham

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for possession of controlled drugs by a serving prisoner
  2. 2 Applicability of the totality principle in sentencing

Ratio Decidendi

The court held that the totality principle did not apply in this case due to the serious breach of trust and the distinct nature of the new offences committed while serving a previous sentence.

Court Disposition

convicted and sentenced

Orders

  • 10 months' imprisonment for possession of cocaine
  • 6 months' imprisonment for possession of cannabis resin, concurrent