AG v Antunes Saraiva and Viveiros [2003] JRC 072 (24 April 2003)

AG v Antunes Saraiva and Viveiros [2003] JRC 072 (24 April 2003)

McDonough remains binding and the Rimmer sentencing guidelines do not apply to offences of being concerned in supplying drugs. For conviction and sentencing under Article 5(c), it is sufficient that the accused is concerned in the general supplying of drugs by a dealer, not just a specific identified supply.

Citation
[2003] JRC 072
Parties
Defendant: Saraiva; Defendant: Antunes; Defendant: Viveiros; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
24 April 2003
Procedural Posture
Criminal / Pre Sentencing Legal Ruling
Outcome
Legal issues determined; directions to be given to sentencing court (Jurats) accordingly.
Legal Topics
Drug Offences, Sentencing Guidelines, Being Concerned in Supply, Interpretation of Statutory Offences
Criminal Law Drug Offences Sentencing Guidelines Being Concerned in Supply Interpretation of Statutory Offences

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Saraiva

Defendant

Antunes

Defendant

Viveiros

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Pre Sentencing Legal Ruling

Legal Issues

  1. 1 Whether the sentencing guidelines in Rimmer apply to offences of being concerned in supplying drugs or whether McDonough remains binding
  2. 2 Whether an accused must be concerned in a specific identified supply or if general involvement in supplying suffices for conviction under Article 5(c)

Ratio Decidendi

McDonough remains binding and the Rimmer sentencing guidelines do not apply to offences of being concerned in supplying drugs. For conviction and sentencing under Article 5(c), it is sufficient that the accused is concerned in the general supplying of drugs by a dealer, not just a specific identified supply.

Court Disposition

Legal issues determined; directions to be given to sentencing court (Jurats) accordingly.

Orders

  • Jurats to sentence Saraiva and Antunes based on their actual participation in the general supplying of drugs, not limited to a specific supply or the full quantity seized.
  • Rimmer guidelines not to be applied to charges of being concerned in supply; McDonough remains the applicable authority.