AG -v- Abreu [2007] JRC 122 (22 June 2007)

AG -v- Abreu [2007] JRC 122 (22 June 2007)

Importation of heroin, even for personal use, is a serious offence warranting a custodial sentence in the absence of exceptional circumstances; strong mitigation can reduce the sentence but does not obviate custody. The defendant's continued presence is detrimental to the community, justifying a deportation recommendation.

Citation
[2007] JRC 122
Parties
Defendant: Abreu; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
22 June 2007
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to imprisonment; recommendation for deportation.
Legal Topics
Drug Importation, Sentencing, Deportation
Criminal Law Drug Importation Sentencing Deportation

Case Brief

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Parties

Abreu

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for importation of heroin for personal use
  2. 2 Whether exceptional circumstances exist to avoid custodial sentence
  3. 3 Whether deportation should be recommended

Ratio Decidendi

Importation of heroin, even for personal use, is a serious offence warranting a custodial sentence in the absence of exceptional circumstances; strong mitigation can reduce the sentence but does not obviate custody. The defendant's continued presence is detrimental to the community, justifying a deportation recommendation.

Court Disposition

Convicted and sentenced to imprisonment; recommendation for deportation.

Orders

  • 15 months' imprisonment for importation of heroin
  • Recommendation for deportation at conclusion of sentence