Jersey Judgment

AG -v- Sousa [2005] JRC 180 (19 December 2005)

On this page

Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The sentence was substantially reduced due to open cooperation with authorities, lack of previous convictions, and other mitigating factors, despite the seriousness of the offence.

Court disposition

convicted and sentenced

Orders

  • Sousa sentenced to 3½ years imprisonment
  • Recommendation for deportation to Portugal after sentence
  • Forfeiture and destruction of drugs

02

Material facts

Parties

Sousa

Defendant

Attorney General

Prosecutor Counsel: Crown Advocate

Amounts and remedies

  • Quantity of Heroin Imported: 191
  • Value of Heroin (minimum): GBP 50,000
  • Value of Heroin (maximum): GBP 90,000
  • Expected Fee for Job: GBP 5,000
  • Sentence Length: years 3.5

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

Party arguments

Applicant
Sousa pleaded guilty, cooperated with police and customs, had no previous convictions, was young, and had positive character references.
Respondent
Crown Advocate applied sentencing guidelines from Rimmer Lusk & Bade -v- AG, proposing a starting point of 11½ years' imprisonment.

05

Court’s reasoning

  1. 01

    Rimmer Lusk & Bade -v- AG [2003]JLR373

    Substantial sentence discounts for cooperation with authorities in drug importation cases.

06

Ratio, limits and disposition

Ratio decidendi

The sentence was substantially reduced due to open cooperation with authorities, lack of previous convictions, and other mitigating factors, despite the seriousness of the offence.

Obiter and limits

  • It is in the public interest that criminals should be encouraged to inform on each other.
  • The Court will give substantial discounts to reward the giving of such information.

Court disposition

convicted and sentenced

  • Sousa sentenced to 3½ years imprisonment
  • Recommendation for deportation to Portugal after sentence
  • Forfeiture and destruction of drugs

Source and reliance status

Official court record

This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.

Judgment reading view

Judgment text

The complete available source text.

Source document

Court record

Judgment

[2005] JRC 180

JUDGMENT THE BAILIFF: 1. Sousa has pleaded guilty to the importation of 191 grams of heroin valued at between £50,000 and £90,000. He knew what he was doing and expected to receive a fee of £5,000 for the job. There is no suggestion that he was involved in the distribution. He is the classic 'mule'.

2. Nonetheless, he was prepared to play a part in bringing to the Island a drug which wrecks lives and is a menace to this society. He was prepared to do this because he thought he would earn good money.

3. In mitigation he has no previous convictions, and is a young man of 23. A reference has been placed before us, signed by a number of friends and relatives testifying to the fact that he was previously regarded as an honest and reliable young man.

4. He has pleaded guilty to the indictment and he has co-operated with the police and customs service. The Crown Advocate has taken a starting point, applying the guidelines in Rimmer Lusk & Bade -v- AG, of 11 ½ years' imprisonment.

5. There is an unusual facet to this case in that the defendant has authorised his counsel to reveal the fact that he has co-operated in open court. The open disclosure of such co-operation is a significant mitigating factor. It is in the public interest that criminals should be encouraged to inform on each other. This Court has made it clear in previous cases that it will give substantial discounts on what would otherwise have been the proper sentence, to reward the giving of such information. Taking all this into account we propose to reduce substantially the conclusions of the Crown, notwithstanding the generous discounts already allowed.

6. Sousa, you behaved foolishly, but also criminally, and we must punish you for the crime that you have committed. The sentence of the Court is that you will go to prison for 3½ years, and at the conclusion of the sentence we will recommend to the Lieutenant Governor that you be deported from the Island to Portugal. We order the forfeiture and destruction of the drugs. Authorities Rimmer Lusk & Bade -v- AG [2003]JLR373. Page Last Updated: 18 Aug 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Rimmer Lusk & Bade -v- AG [2003]JLR373

Case cited

Case-aware research

Ask AI about this case

The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.

About this LexChat collection

This page organizes the available case record for research. Verify quotations, current status, and subsequent treatment against the source document. Corrections can be reported to hello@esheria.ai.

Legal information, not legal advice. Research summaries do not replace the judgment.