AG -v- Such and Bowler [2008] JRC 209 (01 December 2008)

AG -v- Such and Bowler [2008] JRC 209 (01 December 2008)

The main defendant was the principal actor in importing heroin for personal use, warranting a custodial sentence mitigated by a guilty plea and personal circumstances. The co-defendant's involvement was minimal and exceptional, justifying a non-custodial sentence of community service.

Citation
[2008] JRC 209
Parties
Defendant: Such; Defendant: Miss Bowler; Prosecutor: Crown
Jurisdiction
Jersey
Judgment Date
01 December 2008
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentence imposed
Legal Topics
Drug Trafficking, Sentencing, Mitigation, Community Service
Criminal Law Drug Trafficking Sentencing Mitigation Community Service

Case Brief

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Parties

Such

Defendant

Miss Bowler

Defendant

Crown

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for importation of heroin for personal use
  2. 2 degree of involvement and mitigation for co-defendant

Ratio Decidendi

The main defendant was the principal actor in importing heroin for personal use, warranting a custodial sentence mitigated by a guilty plea and personal circumstances. The co-defendant's involvement was minimal and exceptional, justifying a non-custodial sentence of community service.

Court Disposition

conviction and sentence imposed

Orders

  • 4 years' imprisonment for Such on 3 counts, concurrent, plus 1 month and 2 weeks on second indictment, concurrent (total 4 years)
  • Forfeiture and destruction of drugs for Such