AG v Stephens [2000] JRC 244 (08 December 2000)

AG v Stephens [2000] JRC 244 (08 December 2000)

Despite the presumption of custody for supply of class A drugs, the court exercised discretion to impose probation and community service due to the defendant's remorse, lack of profit, and absence of prior probation.

Citation
[2000] JRC 244
Parties
Prosecutor: Attorney General; Defendant: Stephens
Jurisdiction
Jersey
Judgment Date
08 December 2000
Procedural Posture
Criminal / Sentencing
Outcome
non-custodial sentence imposed
Legal Topics
Drug Offences, Sentencing, Probation, Community Service
Criminal Law Drug Offences Sentencing Probation Community Service

Case Brief

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Parties

Attorney General

Prosecutor

Stephens

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether custodial sentence is mandatory for supply of class A drugs without reward
  2. 2 Whether probation and community service are appropriate alternatives to custody

Ratio Decidendi

Despite the presumption of custody for supply of class A drugs, the court exercised discretion to impose probation and community service due to the defendant's remorse, lack of profit, and absence of prior probation.

Court Disposition

non-custodial sentence imposed

Orders

  • Defendant placed on probation for one year under usual conditions
  • Defendant to perform 180 hours of community service