AG v Smitton Banach and Reeves [2019] JRC 099 (03 June 2019)
Sentences were determined by the weight of heroin involved, the roles of each defendant in the conspiracy, and the application of established sentencing guidelines, with limited mitigation allowed. The totality principle was applied to avoid an aggregate sentence disproportionate to the criminality.
- Citation
- [2019] JRC 099
- Parties
- Defendant: Smitton; Defendant: Banach; Defendant: Reeves
- Jurisdiction
- Jersey
- Judgment Date
- 03 June 2019
- Procedural Posture
- Criminal / Sentencing Judgment
- Outcome
- conviction and sentencing
- Legal Topics
- Conspiracy to Supply Controlled Drugs, Sentencing, Drug Trafficking, Totality Principle
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Smitton
Defendant
Banach
Defendant
Reeves
Defendant
Procedural Posture
Criminal / Sentencing Judgment
Legal Issues
- 1 Appropriate sentencing for conspiracy to supply heroin and cannabis
- 2 Application of sentencing guidelines for Class A drugs
- 3 Consideration of drug purity in sentencing
Ratio Decidendi
Sentences were determined by the weight of heroin involved, the roles of each defendant in the conspiracy, and the application of established sentencing guidelines, with limited mitigation allowed. The totality principle was applied to avoid an aggregate sentence disproportionate to the criminality.
Court Disposition
conviction and sentencing
Orders
- Smitton sentenced to 17 years' imprisonment for heroin conspiracy and 9 years concurrent for cannabis conspiracy; probation and community service orders revoked with no additional penalty.
- Banach sentenced to 10 years 6 months' imprisonment.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment