AG -v- Dolan [2014] JRC 116 (23 May 2014)

The minimum sentence must reflect the gravity of the defendant's intended actions, despite the low purity of the imported substance, warranting a sentence higher than that moved for by the Crown.

Citation: [2014] JRC 116
Parties: Defendant: Unknown Defendant; Prosecution: Crown
Jurisdiction: Jersey
Judgment Date: 23 May 2014
Procedural Posture: Criminal / Sentencing
Outcome: convicted
Legal Topics: Drug Importation, Controlled Substances, Sentencing Guidelines, Purity of Drugs

Criminal Law Drug Importation Controlled Substances Sentencing Guidelines Purity of Drugs

Case Brief

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Parties

Unknown Defendant

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

1 Appropriate sentencing for importation of powder believed to be heroin but containing minute morphine
2 Impact of drug purity on sentencing

Ratio Decidendi

The minimum sentence must reflect the gravity of the defendant's intended actions, despite the low purity of the imported substance, warranting a sentence higher than that moved for by the Crown.

Court Disposition

convicted

Orders

3.5 years' imprisonment
forfeiture and destruction of the drugs