Attorney General v Buesnel

CourtRoyal Court
JudgeBailhache, Bailiff and Jurats Blampied, Gruchy, Le Ruez, Herbert, Rumfitt, Potter, de Veulle, Jones and Quérée:
Judgment Date21 August 1996
Date21 August 1996
Bailhache, Bailiff and Jurats Blampied, Gruchy, Le Ruez, Herbert, Rumfitt, Potter, de Veulle, Jones and Qure:

M.C. St. J. Birt, Q.C., Attorney General, for the Crown;

D.E. Le Cornu for the accused.

Cases cited:

(1) Att. Gen. v. Young, 1980 J.J. 281, not followed.

(2) Campbell (A.T.) v. Att. Gen., 1995 JLR 136.

(3) R. v. Aramah (1982), 76 Cr. App. R. 190; 4 Cr. App. R. (S.) 407; [1983] Crim. L.R. 271; 147 J.P. 217; 127 Sol. Jo. 85, dictum of Lord Lane, C.J. applied.

Additional cases cited by counsel:

Att. Gen. v. Bull, Royal Ct., April 26th, 1991, unreported.

Att. Gen. v. de la Haye (J.A.), 1995 JLR N-24.

Att. Gen. v. Hickson, Royal Ct., June 7th, 1991, unreported.

Att. Gen. v. McDonough, Royal Ct., May 24th, 1996, unreported.

Att. Gen. v. Pinto, May 24th, 1996, unreported.

Kramer v. Att. Gen., 1992 JLR N-10.

R. v. Cox (1993), 15 Cr. App. R. (S.) 216.

R. v. Diamond (1985), 7 Cr. App. R. (S.) 152.

R. v. Layton (1988), 10 Cr. App. R. (S.) 109.

Text cited:

States of Jersey, Working together against Drugs, at 19; at 22.

Criminal Lawdrugspossessionsentencecustodial sentence not invariable for possession of small quantity of Class A drugmay attract non-custodial sentence if appropriate in circumstancescourt to prescribe punishment and/or rehabilitation to suit individual case

The accused was charged in the Royal Court with possession of illegal drugs.

The accused was found in possession of a very small quantity of a Class A drug, Ecstasy, and was charged, inter alia, with that offence. He was a young man who was mentally disturbed and there was evidence that he had a troubled family background. Following the charge, the accused was apparently genuinely remorseful and sought to avoid any future involvement with drugs. At the request of the Attorney General, the case was referred to the Superior Number to give the court the opportunity to review its sentencing policy in respect of the possession of small quantities of Class A drugs. The accused was then convicted and sentenced to three months' imprisonment, the court reserving its reasons until after its policy had been stated.

The Attorney General submitted, inter alia, that the previously stated policy of the Royal Court had been that in all cases of possession of Class A drugs, no matter how small the quantity, a custodial sentence would be passed unless there were exceptional circumstances; however, it appeared that in a number of cases the Police Court had made binding over orders instead and had ordered attendance at Drug Awareness Programmes. He further submitted that it was the policy of the States of Jersey to use education and treatment-based programmes to combat drug abuse and to attempt to avoid custodial sentences for young offenders where possible, but it was nevertheless important that the court's sentencing policy reflect its view of the seriousness of possessing Class A drugs.

Held, delivering the following ruling:

The policy formerly adopted by the Royal Court for...

To continue reading

Request your trial
36 cases
  • Hare aka Le Cocq v AG
    • Jersey
    • Court of Appeal
    • 13 May 2004 the Superior Courts of Jersey (2 nd Edition): pp. 66–73 Valler v AG (2002) JLR 383 Bonnar & Noon v AG [2001] JLR 626 AG v Buesnel (1996) JLR 265 Campbell and Others v AG (1995) JLR 136 AG v Lavin [2003] JRC 197 Wright v AG (12th July 1999) Jersey Unreported; [1999/125]. AG v Peacock ......
  • The Attorney General v Darryn Rae and Antonio Miguel Spinola
    • Jersey
    • Royal Court
    • 25 May 2017
    ...JLR 136 . AG -v- Herbert and Le Gresley [2012] JRC 192A . AG -v- Cornick [2012] JRC 064 . AG -v- Bishop [2012] JRC 193A . AG -v- Buesnel [1996] JLR 265 . AG -v- Loureiro [2017] JRC 064 . AG -v- Higgins and Hutchinson [2015] JRC 066A . M. R. Maletroit, Esq., Crown Advocate J. M. Grace for Ra......
  • AG v Ferguson
    • Jersey
    • Royal Court
    • 13 September 2004
    ...v Sumner & Ors (22nd March, 2001) Jersey Unreported; [2001/67]. A.G. v Lomas (3rd May, 2001) Jersey Unreported; [2001/94]. A.G. v Buesnel [1996] JLR 265. Sentencing by the Superior Number of the Royal Court, to which the defendant was remanded by the Inferior Number on 20 th August, 2004, f......
  • The Attorney General v Michelle Glendewar
    • Jersey
    • Royal Court
    • 8 June 2017
    ...General –v– Michelle Glendewar C. R. Baglin, Esq., Crown Advocate. Advocate D. A. Corbel for the Defendant. Authorities AG v Buesnel [1996] JLR 265 . AG v Roche 1997/125 . AG v Langley 1999/175 . AG v Lynch [2013] JRC 093 AG v Milon [2017] JRC 065 . AG v Brooks [2017] JRC 018 . AG v Derrick......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT