AG v Boschat [2023] JRC 007 (13 January 2023)

AG v Boschat [2023] JRC 007 (13 January 2023)

The defendant supplied at least a kilogram of cannabis for profit over a prolonged period, failed to cooperate with police, and was convicted of three counts: possession of criminal property, supply of cannabis, and failure to disclose a PIN. The seriousness of the offences, commercial motivation, lack of cooperation, and prior record warranted a total sentence of 2 years and 3 months' imprisonment, with a confiscation order and forfeiture of the mobile phone.

Citation
[2023] JRC 007
Parties
Defendant: Simon Boschat; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
13 January 2023
Procedural Posture
Criminal / Sentencing Judgment
Outcome
convicted and sentenced
Legal Topics
Drug Offences, Supply of Controlled Substances, Possession of Criminal Property, Failure to Disclose PIN, Sentencing
Criminal Law Drug Offences Supply of Controlled Substances Possession of Criminal Property Failure to Disclose PIN Sentencing

Case Brief

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Parties

Simon Boschat

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Extent and seriousness of commercial cannabis supply
  2. 2 Possession of criminal property derived from drug trafficking
  3. 3 Failure to comply with notice requiring disclosure of a key (PIN)

Ratio Decidendi

The defendant supplied at least a kilogram of cannabis for profit over a prolonged period, failed to cooperate with police, and was convicted of three counts: possession of criminal property, supply of cannabis, and failure to disclose a PIN. The seriousness of the offences, commercial motivation, lack of cooperation, and prior record warranted a total sentence of 2 years and 3 months' imprisonment, with a confiscation order and forfeiture of the mobile phone.

Court Disposition

convicted and sentenced

Orders

  • 18 months' imprisonment on Count 1 (possession of criminal property)
  • 18 months' imprisonment on Count 2 (supply of cannabis), concurrent