AG -v- Lavelle [2005] JRC 092 (06 July 2005)

AG -v- Lavelle [2005] JRC 092 (06 July 2005)

The appropriate starting point for sentencing was 9 years, reflecting the quantity of heroin and ecstasy imported, with a deduction of 4 years for mitigation, resulting in a total sentence of 5 years' imprisonment.

Citation
[2005] JRC 092
Parties
Defendant: Unknown Defendant; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
06 July 2005
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Drug Importation, Sentencing, Mitigation
Criminal Law Drug Importation Sentencing Mitigation

Case Brief

Summary, issues, holding and outcome

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Parties

Unknown Defendant

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentencing for importation of controlled drugs
  2. 2 Application of Valler principle for multiple drug types
  3. 3 Consideration of mitigation factors in sentencing

Ratio Decidendi

The appropriate starting point for sentencing was 9 years, reflecting the quantity of heroin and ecstasy imported, with a deduction of 4 years for mitigation, resulting in a total sentence of 5 years' imprisonment.

Court Disposition

convicted and sentenced

Orders

  • 5 years' imprisonment on count 1
  • 4 years' imprisonment on count 2 (concurrent)