AG v Crowley [2005] JRC 069 (23 May 2005)

AG v Crowley [2005] JRC 069 (23 May 2005)

A custodial sentence is mandatory for possession of cocaine with intent to supply, irrespective of age, due to the seriousness of the offence and the need for deterrence. Mitigation and peripheral involvement allow for a reduced sentence but do not avoid custody.

Citation
[2005] JRC 069
Parties
Prosecutor: Attorney General; Defendant: Roberts
Jurisdiction
Jersey
Judgment Date
23 May 2005
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Drug Offences, Sentencing, Mitigation
Criminal Law Drug Offences Sentencing Mitigation

Case Brief

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Parties

Attorney General

Prosecutor

Roberts

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether custodial sentence is mandatory for possession of cocaine with intent to supply
  2. 2 Effect of mitigation and peripheral involvement on sentencing

Ratio Decidendi

A custodial sentence is mandatory for possession of cocaine with intent to supply, irrespective of age, due to the seriousness of the offence and the need for deterrence. Mitigation and peripheral involvement allow for a reduced sentence but do not avoid custody.

Court Disposition

convicted and sentenced

Orders

  • 18 months youth detention
  • forfeiture and destruction of the drugs