The new edition of the Manx Law Reports has been published. The following cases of Chambers have been reported with the following references for the following principles:
Burgess, A-G v (SGD) 2022 MLR N-10
Sentence – Assault of police officer – Appropriate Sentence – Whether custody threshold crossed – Criminal Code 1872, s 52
Kennedy, A-G v (SGD) 2022 MLR N-28
Road Traffic – Driving under influence of drink – Refusal or failure to provide specimen – Language requirements to be used by police when requesting specimen –Police form MG/DD – Road Traffic Act 1985, s 6
Sentence – Perverting the course of public justice – Guidance – Proper starting point – Reduction for personal mitigation and human rights considerations – Criminal Code 1872, s 347
Sentence – Reduction of sentence – Pregnancy – Defendant pregnant at time of sentence but not informing court – Appeal seeking to adduce evidence of pregnancy – Whether reduction appropriate –Whether sentence manifestly excessive
Sentence – Drugs offences – Production and supply of controlled drugs – Small quantities for personal use – Appellant sentenced to 43 months’ custody for being concerned in supply of Class A drug to another and possession of Class A drug – Appellant contending very small quantities of cocaine for purpose of personal use only – Whether very small quantities – Whether exception for very small quantities applying to non-production offences
Sentence – Drugs offences – Small quantities for personal use – Production of 2.68g of Class A drug in multiple individual wraps – Whether ‘very small quantity’ – Whether scope for reduction to starting point when more than very small quantity produced but for personal use – Whether appropriate deduction for right to private and family life – Human Rights Act 2001, Sch 1, Pt I, art 8