AG -v- Hogan [2008] JRC 207 (01 December 2008)

AG -v- Hogan [2008] JRC 207 (01 December 2008)

The defendant's limited and reluctant involvement, guilty plea, cooperation, and threats not arising from drug activity justify a starting point of 9 years, reduced by 50% for mitigation, resulting in a sentence of 4½ years' imprisonment.

Citation
[2008] JRC 207
Parties
Defendant: Unknown (Defendant); Prosecutor: Crown
Jurisdiction
Jersey
Judgment Date
01 December 2008
Procedural Posture
Criminal / Sentencing
Outcome
convicted
Legal Topics
Drug Importation, Sentencing, Mitigation
Criminal Law Drug Importation Sentencing Mitigation

Case Brief

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Parties

Unknown (Defendant)

Defendant

Crown

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentencing bracket for importation of 86 grams of cocaine
  2. 2 Consideration of mitigation factors in sentencing

Ratio Decidendi

The defendant's limited and reluctant involvement, guilty plea, cooperation, and threats not arising from drug activity justify a starting point of 9 years, reduced by 50% for mitigation, resulting in a sentence of 4½ years' imprisonment.

Court Disposition

convicted

Orders

  • 4½ years' imprisonment
  • forfeiture and destruction of drugs