Introduction R v Andrew Leigh Jones pleaded guilty in the magistrate court to trafficking a controlled drug and well as 12 other offences that was brought up from the magistrate court to be sentenced in accordance to section 18 A. Some of the 12 other offences included 5 counts of failing to comply with bail agreements, 2 counts of driving while disqualified, 1 count of driving a motor vehicle without being authorised, one count of driving an unregistered vehicle, 1 count of driving an uninsured vehicle, 1 count of possessing a prohibited weapon and 1 count of unlawful possession. For trafficking a controlled drug a maximum penalty of 50,000 or imprisonment for 10 years while the other 12 offences accumulative not including drug trafficking …show more content…
His report found that almost all his offending was based on his methamphetamine usage. Mr Jones also pleaded guilty to all the crimes committed and therefore was able to receive a 30 % reduction according to the sentencing act. This allowed Mr Jones to save the court money for legal proceedings and therefore is rewarded by pleading guilty with a 30 % reduction. Judge Beazley also sentenced Mr Jones in pursuant to 18A in the sentencing act which consolidates all the crimes to make one sentence for all the crimes combined. Under the controlled substance act 52 E the drugs that the police seized are …show more content…
He believed it was not in anyone's interest that he be institutionalised but did he go too far in giving him such a lenient sentence. There was little to no consideration public safety as no one in his crimes were hurt but did the judge considered that there is potential for the problem to develop tradjectly. It is evident that Mr Jones has many drug and driving convictions what happens when those two are one day combined drug use in anyway makes driving a danger to the communities safety. Offending on this volume shows one thing that Mr Jones has a very little regard to authority and for the rules. Considering all this I believe Mr Jones was right in considering his rehabilitation he is a 28 year old man who had the worse upbringing but I believe no good can come from him being realised in 6 months as he has already served 6 months of his 12 month non parole period. I believe for the community to be safe Mr Jones must be completely weaned off drugs so I believe the non parole period should be extended to 2 years which with the time already served would be 1 year and 6 months in a low level security prison. Extending his sentence will enable Mr Jones to be completely off of drugs and allow him to continue his auto mechanical course he had previously started which will offer him a better chance of rehabilitation as it will allow him to generate a
Furthermore, throughout sentencing and punishment various legal and non-legal measures have been implemented to ensure that sentences for those convicted are appropriate and effective to enable rehabilitation and reintegration into society and provide the community with a sense of justice and security. The provision of statutory and judicial guidelines means that limits are placed on a judge’s discretion when sentencing, thus ensuring sentencing consistency. These guidelines were established in relation to the case R v. Jurisic (1998). The defendant Jurisic, pleaded guilty to three charges of dangerous driving occasioning in grievous bodily harm. He was found under the influence of cocaine on one of these charges. He was sentences to 18 months home detention, lost his driver’s licence for one year and was put on a good behaviour bond for two years. This was through to be lenient and was appealed by the DPP. The appeal was upheld and the sentence was replaced by two years imprisonment and two years disqualification of his driver’s
Bigotry and stubbornness are perceptible attitudes of small-town communities in 1960's Western Australia. The notion that the inhabitants of the tight-knit community of Corrigan are racist, prejudiced and ignorant is explicated in Craig Silvey's coming of age novel, Jasper Jones. The bildungsroman is narrated by Charlie Bucktin, an adolescent from the small town of Corrigan. Charlie becomes unexpectedly involved with a local indigenous boy, Jasper, as they set out to discover the truth about the death of a young girl from their community. Throughout this quest, Charlie comes to many realisations about life, ultimately, that society can be very cruel. The prejudism and ignorance of the tight-knit community of Corrigan manifests in the
Marc Creighton is being charged with section 222 (5)(a) under the Code. The unlawful act in question was trafficking of narcotics. “Traffic” in this instance is being defined as administering cocaine which is found under Schedule I of the Controlled Drugs and Substances Act (Then known as the Narcotic Control Act).
Case Facts: Roy Caballes was stopped for speeding by an Illinois state trooper Daniel Gillette. During the traffic stop another state trooper Craig Graham of the Illinois State Police Drug Interdiction Team, overheard the stop on the radio and showed up to the scene with a narcotics detection dog. While the first trooper was writing Roy Caballes a warning ticket for speeding the second trooper walked around Roy’s car with the narcotics detection dog. The dog alerted that it had detected narcotics at the rear end of the car which subsequently led to the state troopers searching the trunk of the car. Upon searching the trunk of the car the state troopers found a large quantity of marijuana which consequently led to the arrest of Roy Caballes. The entire incident lasted no longer than 10 minutes. Roy Caballes was convicted of a narcotics offence and was sentenced to 12 years in prison and ordered to pay a $256,136 fine.
The mandatory sentence of two years’ imprisonment is unconstitutional because it is “cruel and unusual punishment” which infringes upon the accused’s right not to be subjected to such treatment. Firstly, it is determined that the mandatory minimum sentence in this case is grossly disproportionate to the accused’s circumstances and would be reasonably foreseeable that the provision would have the same overreaching effect on other offenders. Secondly, the provision in question in the Controlled Drugs and Substances Act is not saved by section 1 of the Charter as it has failed the prescribed Oakes test. The test gives weight to the law’s objective in comparison to the means of achieving it, which in this case, impaired too heavily on the right of the accused.
He told his parole and probation office that he would miss that particular class. Today he sits in jail waiting to be sentenced for how long he is going to be locked up. He had five years over his head. I am not going to say the drug court system is 100 percent to blame, but once something happens it is a downward spiral for many people in this area and he is the latest victim of this failing drug court system.
If someone ever met Andrew Urdiales he would be the type that one would forget. He is not very outgoing and would keep to himself, during his childhood he did not have many friends and was an average student. Urdiales was a marine stationed in Southern California when he committed his first murder killing Robbin Brandley a twenty-three year old college student. From July 1988 to August 1996 Urdiales would go on to kill seven more women. Most serial killers kill each victim similar to all the other victims, Urdiales was different though his first murder he stabbed the victim to death while his last he shot in the head.
A consequence of the drug transaction, Simpson, 27, of 261 N. Washington St., Millersburg, pleaded guilty to aggravated trafficking in meth, possession of meth and two counts of child endangering.
The question of how Blakely decision would affect the federal Guidelines were answered six months later in the Supreme Court decision of Booker. When Blakely case was heard in the Supreme Court, Booker was convicted of controlled substances offenses. Under the sentencing Guidelines, Booker faced a sentencing range between 210 to 262 months for having in possession 92.5 grams of crack cocaine with the intent to sell (Bloom, 2005; Lynch, 2005). The jury found Booker guilty on both offenses. The trial court after post-trial sentencing proceeding decided by a preponderance of the evidence that Booker sold 566 grams which resulted in an offense level of 36 plus two level enhancement applied for obstruction of justice of a total base level of 38, a sentencing range 360 months to life imprisonment (Bloom, 2005; Boone, 2007; Lynch, 2005). The sentencing judge was mandated under the Guidelines to apply the post-trial findings to sentence Booker between 360 months to life imprisonment (United States v. Booker, 375 F.3d 508; Bloom, 2005; Boone, 2007; Lynch, 2005). The judge imposed a sentence of 30 years.
Similarly, treatment in lieu of conviction was granted for Ryan T. Malachin, 20, of 370 S. Washington St., Millersburg, who pleaded guilty to two counts of trafficking in marijuana. The charges stem from the alleged sale of drugs to a confidential informant on June 23 and June
On the day of October 21, 2015 the accused, Johnny Joshua Uy was nearing the end of his trial. Mr. Uy's case was presided over by Madam Justice Power and was tried on the Supreme Court Criminal level; Mr. Uy also elected to be tried by judge and jury. Mr. Uy was charged with three serious indictable offences. The charges laid against the accused was importing/exporting a controlled substance, possession for the purpose of trafficking, and possession of a controlled substance. All three charges can be found under the Canada's Controlled Drugs and Substances Act. The first charge importing/exporting a controlled substance can be found under section 6(1) of the act. Section 6(1) states: “Except as authorized under the regulations, no person
David Smith had proven himself to be a danger to the community when he decided to consume significant amounts of alcohol and then operate a motor vehicle. He has since been before this court on these same charges three times prior since 2009. As a matter of fact, Mr. Smith is out on bond for his four Driving Under Influence conviction in which he is scheduled to turn himself over to the Bureau of Prisons to begin a three-year sentence. While waiting to begin his sentence, Mr. Smith still continues to participate in a lifestyle that has brought him nothing but destitute. The court has given Mr. Smith several opportunities to address his alcohol addiction. As part of all of his past three convictions, Mr. Smith was ordered by the court to complete an alcohol treatment program. Mr. Smith has completed these programs and promised the court that he would not return to court with these same issues. Mr. Smith has lied to the court and has preyed on the mercy of the court. He has proven himself to be someone who cannot be trusted and is a danger to this community when he drinks and then gets behind the wheel of a vehicle. Mr. Smith has hurt his family and now in recent events brought great sorrow to another family. With all facts considered that is why I am seeking the maximum 20 years, without the possibility of probation or parole, to run consecutively with his the three years that he is already serving for the charge of Vehicular Homicide Tenn. Code Annotated
Have you ever heard of Dr. Ben Carson before? There is no question that he was an African American neurosurgeon and good at what he did, but who paved the way for people like him. Dr. Daniel Hale Williams was one of them. He was an American general surgeon who was born in Hollidaysburg, Pennsylvania in 1856.
Unfortunately, keeping Tory in jail will not help Tory after he is released. The criminal justice system is incriminating people further rather than offering rehabilitation skills to decrease the likelihood of those in the system returning to jail. Tory has a 1 year old son whom he has been there for since birth. I am worried that Tory being away from his son, Carmelo, will have a negative impact on our son’s development. It breaks my heart to see our son Carmelo waking up in the morning looking for his father and not finding him. Tory has struggled while being on probation for minor offenses, such as driving without a license. Tory is recently in jail for being out past his curfew, all of Tory’s mess ups happened and he cannot take them back. I am hoping you can seek alternative sentencing for Tory while incorporating mandatory rehabilitative programming in Tory’s probation contract. Please be assured Tory is not a criminal; he is someone who has a lot of potential with some well needed guidance
Jones ended up turning himself in the next day. Jones was tried as an adult, and as a result, he received the harshest adult sentence the court could give him - life in prison without the possibility of parole. Since he was tried as an adult, he was not given a chance to fix