AG -v- Martin [2016] JRC 070B (23 March 2016)

AG -v- Martin [2016] JRC 070B (23 March 2016)

The appropriate starting point for sentencing is 8 years due to the quantity of cocaine and the defendant's prior record, with a reduction for a guilty plea and partial personal use, resulting in a 5-year custodial sentence.

Citation
[2016] JRC 070B
Parties
Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
23 March 2016
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Possession of Controlled Substances, Intent to Supply, Sentencing Guidelines
Criminal Law Possession of Controlled Substances Intent to Supply Sentencing Guidelines

Case Brief

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Parties

Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for possession of cocaine with intent to supply
  2. 2 Application of sentencing guidelines for Class A drugs
  3. 3 Consideration of personal mitigation and guilty plea

Ratio Decidendi

The appropriate starting point for sentencing is 8 years due to the quantity of cocaine and the defendant's prior record, with a reduction for a guilty plea and partial personal use, resulting in a 5-year custodial sentence.

Court Disposition

convicted and sentenced

Orders

  • 5 years' imprisonment on Count 2 (possession of cocaine with intent to supply)
  • 1 month's imprisonment concurrent on Count 1 (possession of cannabis)