AG -v- Siouville-Stonier and Sullivan [2010] JRC 206 (16 November 2010)

AG -v- Siouville-Stonier and Sullivan [2010] JRC 206 (16 November 2010)

Stonier's supply of a significant quantity of cocaine constituted a straightforward commercial supply, not an exceptional case, thus requiring a custodial sentence per binding guidelines. Sullivan's possession, while involving a significant quantity, was for personal use, and his demonstrated rehabilitation justified a community sentence as a direct alternative to imprisonment.

Citation
[2010] JRC 206
Parties
Defendant: Stonier; Defendant: Sullivan; Prosecutor: The Crown
Jurisdiction
Jersey
Judgment Date
16 November 2010
Procedural Posture
Criminal / Sentencing Judgment
Outcome
partly custodial, partly community sentence, confiscation order, forfeiture order
Legal Topics
Drug Offences, Sentencing, Confiscation Order, Community Service
Criminal Law Drug Offences Sentencing Confiscation Order Community Service

Case Brief

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Parties

Stonier

Defendant

Sullivan

Defendant

The Crown

Prosecutor

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Appropriate sentence for supply of Class A drugs
  2. 2 Appropriate sentence for possession of Class A drugs for personal use
  3. 3 Application of sentencing guidelines for drug offences

Ratio Decidendi

Stonier's supply of a significant quantity of cocaine constituted a straightforward commercial supply, not an exceptional case, thus requiring a custodial sentence per binding guidelines. Sullivan's possession, while involving a significant quantity, was for personal use, and his demonstrated rehabilitation justified a community sentence as a direct alternative to imprisonment.

Court Disposition

partly custodial, partly community sentence, confiscation order, forfeiture order

Orders

  • Stonier sentenced to 2.5 years' imprisonment.
  • Sullivan sentenced to 100 hours' Community Service (equivalent to 4 months' imprisonment).