AG -v- Sousa [2005] JRC 180 (19 December 2005)
- Citation
- [2005] JRC 180
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Sentencing
More details
- Posture
- Criminal / Sentencing
On this page
Professional case brief
Research organized from the available case record
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
DefendantAttorney General
Prosecutor Counsel: Crown AdvocateAmounts 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
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
appropriate sentence for importation of heroin
- 02
effect of cooperation with authorities on sentencing
- 03
mitigating factors in sentencing
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
Legal principles
- 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
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Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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
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