AG v Spinola [2005] JRC 060 (29 April 2005)

The sentence must reflect the seriousness of possessing illegal drugs in prison and the breach of trust, but a small reduction is warranted due to the delay in charging the defendant.

Citation: [2005] JRC 060
Parties: Defendant: Spinola; Prosecutor: Attorney General
Jurisdiction: Jersey
Judgment Date: 29 April 2005
Procedural Posture: Criminal / Sentencing
Outcome: convicted and sentenced
Legal Topics: Drug Offences, Prison Discipline, Sentencing, Delay in Prosecution

Criminal Law Drug Offences Prison Discipline Sentencing Delay in Prosecution

Case Brief

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Parties

Spinola

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

1 Appropriate sentence for possession of illegal drugs in prison
2 Effect of delay in charging prisoner with additional offences

Ratio Decidendi

The sentence must reflect the seriousness of possessing illegal drugs in prison and the breach of trust, but a small reduction is warranted due to the delay in charging the defendant.

Court Disposition

convicted and sentenced

Orders

2 months' imprisonment on count 1 and 5 months' imprisonment on count 2, to run concurrently with each other but consecutively to the sentence imposed on 25th February 2004