1999/103 - AG v Such [1999] UR 103 (9 June 1999)

1999/103 - AG v Such [1999] UR 103 (9 June 1999)

Given the commercial quantity of ecstasy, repeat offending, and previous breaches of probation, a custodial sentence is warranted. However, mitigating factors including guilty plea, youth, time on remand, and some evidence of rehabilitation justify a reduction from the guideline starting point to 4 years imprisonment.

Citation
[1999] UR 103
Parties
Defendant: Such; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
09 June 1999
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Drug Offences, Sentencing, Probation, Rehabilitation
Criminal Law Drug Offences Sentencing Probation Rehabilitation

Case Brief

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Parties

Such

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for possession with intent to supply a commercial quantity of ecstasy
  2. 2 Consideration of rehabilitation versus imprisonment for a repeat drug offender

Ratio Decidendi

Given the commercial quantity of ecstasy, repeat offending, and previous breaches of probation, a custodial sentence is warranted. However, mitigating factors including guilty plea, youth, time on remand, and some evidence of rehabilitation justify a reduction from the guideline starting point to 4 years imprisonment.

Court Disposition

convicted and sentenced

Orders

  • 4 years imprisonment
  • forfeiture and destruction of the drugs