Jersey Judgment

The Attorney General v James McCormack

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

Although supplying cannabis is serious and a custodial sentence was justified in principle, the small quantity involved and the accused's mitigating circumstances, including previous good character and lack of profit, justified an individualized sentence of probation with community service instead of imprisonment.

Court disposition

Probation and community service imposed instead of imprisonment; drugs forfeited and destroyed.

Orders

  • Placed on probation for one year on the usual conditions.
  • Required to perform 120 hours of community service to the satisfaction of the Community Service Organiser.
  • Forfeiture and destruction of the drugs.

02

Material facts

Parties

The Attorney General

Applicant Counsel: C.E. Whelan, Esq., Crown Advocate

James McCormack

Accused Counsel: Advocate M. Guillaume

Amounts and remedies

  • Count 1 Imprisonment Term (original Conclusion): 6
  • Count 2 Imprisonment Term (original Conclusion): 6
  • Count 3 Imprisonment Term (original Conclusion): 1
  • Combined Weight of Cannabis Resin: 50
  • Combined Value of Cannabis Resin: GBP 300
  • Probation Period: 1
  • Community Service Hours: 120

03

Procedural history

  1. Posture

    Criminal Sentencing / Judgment and Sentence

04

Questions and positions

Legal issues

Party arguments

Applicant
The Crown Advocate sought a custodial sentence for the serious offence of supplying cannabis.
Respondent
The accused relied on mitigation, including that the supplies were done as a favour without profit, the small amount involved, previous good character in relation to drug offences, and his personal circumstances.

05

Court’s reasoning

  1. 01

    Judgment of Sir Philip Bailhache, Bailiff

    Supplying cannabis is a serious offence and normally warrants a custodial sentence, though the court may impose an individualized non-custodial sentence where the circumstances justify it.

  2. 02

    Judgment of Sir Philip Bailhache, Bailiff

    Mitigating factors such as small quantity, previous good character, and other personal circumstances may justify community service as an alternative to prison.

06

Ratio, limits and disposition

Ratio decidendi

Although supplying cannabis is serious and a custodial sentence was justified in principle, the small quantity involved and the accused's mitigating circumstances, including previous good character and lack of profit, justified an individualized sentence of probation with community service instead of imprisonment.

Obiter and limits

  • The court warned the accused not to regard the sentence as an indication of what would happen on another occasion.
  • The court observed that the mitigation cumulatively justified an individualized sentence.

Court disposition

Probation and community service imposed instead of imprisonment; drugs forfeited and destroyed.

  • Placed on probation for one year on the usual conditions.
  • Required to perform 120 hours of community service to the satisfaction of the Community Service Organiser.
  • Forfeiture and destruction of the drugs.

Source and reliance status

Official court record

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Judgment reading view

Judgment text

The complete available source text.

Source document

Court record

Judgment

Judgment

1999/75 3 pages

ROYAL COURT (Samedi Division) 30th April, 1999. Before: Sir Philip Bailhache, Bailiff, and Jurats Myles, Potter. The Attorney General -v- James McCormack 1 count of: being knowingly concerned in the supplying of a controlled drug, contrary to Article 5(c) of the Misuse of Drugs (Jersey) Law, 1978 count 1: Cannabis resin. 1 count of: supplying a controlled drug, contrary to Article 5(b) of the Misuse of Drugs (Jersey) Law, 1978 count 2: Cannabis resin. 1 count of: possession of a controlled drug, contrary to Article 6(1) of the Misuse of Drugs (Jersey) Law, 1978 count 3: Cannabis resin. Age: 55 Plea: Guilty Details of Offence: Twice supplied an undercover police officer with cannabis. Combined weight/value 50grams (1.8 oz) £300. When arrested had personal amount of cannabis on him. Details of Mitigation: Done as a favour, made no profit. Former unemployed occupant of the Shelter, who had found a job, persevered with it to good effect and had achieved modest independence. Not a regular commercial dealer. Age. Previous Convictions: Various but none for drugs and, prior to present convictions, 18 years gap in the record. Conclusions: Count 1: 6 months’ imprisonment Count 2: 6 months’ imprisonment Count 3: 1 month’s imprisonment All concurrent. Sentence & Observations of the Court: 1 year’s probation; 120 hours community service. Cumulatively, the mitigation just allowed of an individualised sentence. C.E. Whelan, Esq., Crown Advocate. Advocate M. Guillaume for the Accused.

JUDGMENT THE BAILIFF: Mc Cormack, supplying cannabis is a serious offence and the Crown Advocate was quite right to move for a custodial sentence in the way in which he did. We have in the particular circumstances of this case taken account of the small amount of drugs involved, your previous good character and the other mitigating factors to which Counsel has drawn attention in his submissions. On that basis, McCormack, we are prepared to impose a sentence of Community Service as an alternative to a prison sentence. We hope that you will not again involve yourself in illegal drugs, and will not take the sentence which I am about to impose as an indication of what might happen on another occasion. The Court places you on probation for one year, on the usual conditions, and on the further condition that you perform 120 hours of Community Service to the satisfaction of the Community Service Organiser, and we order the forfeiture and destruction of the drugs. Authorities A.G. -v- Flynn ( 23rd October, 1998) Jersey Unreported.

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

A.G. -v- Flynn (23rd October, 1998) Jersey Unreported

Case cited

Article 5(c) of the Misuse of Drugs (Jersey) Law, 1978

Legislation

Legislation referenced in the available case record.

Article 5(b) of the Misuse of Drugs (Jersey) Law, 1978

Legislation

Legislation referenced in the available case record.

Article 6(1) of the Misuse of Drugs (Jersey) Law, 1978

Legislation

Legislation referenced in the available case record.

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