Franey and MacAlinden -v- AG 19-May-2006 [2006] JCA 078A (19 May 2006)

Franey and MacAlinden -v- AG 19-May-2006 [2006] JCA 078A (19 May 2006)

Franey's sentence was justified as his role was significantly greater than Sharp's and the Royal Court did not rely on unproven allegations. MacAlinden's role was less than Franey's and the Royal Court erred in not reflecting this in the starting point for sentencing; his sentence should be reduced accordingly.

Source-derived case information.

Citation
[2006] JCA 078A
Parties
Applicant: Robert Joseph Franey; Applicant: Henry Joseph MacAlinden; Respondent: The Attorney General
Jurisdiction
Jersey
Judgment Date
19 May 2006
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Franey's application for leave to appeal refused; MacAlinden granted leave to appeal and sentence reduced.
Legal Topics
Sentencing, Drug Importation, Appeals
Criminal Law Sentencing Drug Importation Appeals

Source-derived case record

Summary, issues, holding and outcome

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Parties

Robert Joseph Franey

Applicant

Henry Joseph MacAlinden

Applicant

The Attorney General

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed on Franey and MacAlinden were justified given their respective roles in the importation of controlled drugs
  2. 2 Whether Franey suffered a justifiable sense of grievance due to alleged disparity in sentencing
  3. 3 Whether MacAlinden's starting point for sentencing was appropriately differentiated from Franey's

Ratio Decidendi

Franey's sentence was justified as his role was significantly greater than Sharp's and the Royal Court did not rely on unproven allegations. MacAlinden's role was less than Franey's and the Royal Court erred in not reflecting this in the starting point for sentencing; his sentence should be reduced accordingly.

Court Disposition

Franey's application for leave to appeal refused; MacAlinden granted leave to appeal and sentence reduced.

Orders

  • Franey's sentence of 8 years' imprisonment upheld.
  • MacAlinden's sentence reduced from 7 years to 6 years' imprisonment.