AG -v- Buchanan [2015] JRC 170 (18 August 2015)

AG -v- Buchanan [2015] JRC 170 (18 August 2015)

The court reduced the starting point for sentencing from 11 to 10 years due to the defendant's limited involvement as a minder and lack of evidence of participation in the drugs trade, further reducing the sentence to 4½ years due to mitigation including a guilty plea, youth, and positive character references.

Citation
[2015] JRC 170
Parties
Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
18 August 2015
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Possession With Intent to Supply, Controlled Drugs, Sentencing
Criminal Law Possession With Intent to Supply Controlled Drugs Sentencing

Case Brief

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Parties

Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for possession of heroin with intent to supply
  2. 2 Relevance of defendant's role as minder
  3. 3 Application of sentencing guidelines

Ratio Decidendi

The court reduced the starting point for sentencing from 11 to 10 years due to the defendant's limited involvement as a minder and lack of evidence of participation in the drugs trade, further reducing the sentence to 4½ years due to mitigation including a guilty plea, youth, and positive character references.

Court Disposition

convicted and sentenced

Orders

  • Imprisonment for 4.5 years
  • Forfeiture and destruction of the drugs