AG -v- McIntyre [2012] JRC 144 (27 July 2012)

AG -v- McIntyre [2012] JRC 144 (27 July 2012)

The defendant was knowingly concerned in the fraudulent evasion of the prohibition on importation of Subutex, with a substantial quantity intended for profit. Mitigation for guilty plea, remorse, and physical disability was considered, resulting in a reduced sentence to facilitate return to accommodation.

Citation
[2012] JRC 144
Parties
Defendant: Unknown Defendant; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
27 July 2012
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Drug Importation, Sentencing, Mitigation
Criminal Law Drug Importation Sentencing Mitigation

Case Brief

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Parties

Unknown Defendant

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 fraudulent evasion of prohibition on importation of controlled drug
  2. 2 appropriate sentencing for drug importation
  3. 3 consideration of mitigation factors

Ratio Decidendi

The defendant was knowingly concerned in the fraudulent evasion of the prohibition on importation of Subutex, with a substantial quantity intended for profit. Mitigation for guilty plea, remorse, and physical disability was considered, resulting in a reduced sentence to facilitate return to accommodation.

Court Disposition

convicted and sentenced

Orders

  • 15 months' imprisonment
  • forfeiture and destruction of drugs