AG -v- Howes [2018] JRC 105 (15 June 2018)

AG -v- Howes [2018] JRC 105 (15 June 2018)

Given the defendant's age, mitigation, guilty plea, cooperation, lack of previous convictions, and positive references, the court determined that the offending was not so serious as to preclude a non-custodial sentence. A community service order and probation were imposed instead of immediate custody.

Citation
[2018] JRC 105
Parties
Defendant: Unspecified Defendant; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
15 June 2018
Procedural Posture
Criminal / Sentencing
Outcome
non-custodial sentence imposed
Legal Topics
Drug Offences, Sentencing, Confiscation, Probation, Community Service
Criminal Law Drug Offences Sentencing Confiscation Probation Community Service

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Unspecified Defendant

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for young offender convicted of drug supply offences
  2. 2 Application of confiscation order under proceeds of crime legislation
  3. 3 Consideration of mitigation and previous caution

Ratio Decidendi

Given the defendant's age, mitigation, guilty plea, cooperation, lack of previous convictions, and positive references, the court determined that the offending was not so serious as to preclude a non-custodial sentence. A community service order and probation were imposed instead of immediate custody.

Court Disposition

non-custodial sentence imposed

Orders

  • 150 hours' Community Service (equivalent to 9 months custody)
  • 12 months Probation Order