AG -v- Ali, Da Costa and De Freitas [2004] JRC 128 (16 July 2004)

AG -v- Ali, Da Costa and De Freitas [2004] JRC 128 (16 July 2004)

Sentences reflect seriousness of heroin trafficking, with mitigation for guilty plea, youth, cooperation, and manipulation by an experienced dealer. Community service imposed for first offenders and youth; custodial sentence for principal offender.

Citation
[2004] JRC 128
Parties
Defendant: Ali; Defendant: De Freitas; Defendant: Da Costa
Jurisdiction
Jersey
Judgment Date
16 July 2004
Procedural Posture
Criminal / Sentencing
Outcome
Ali sentenced to 4 years' imprisonment; De Freitas and Da Costa sentenced to 150 hours community service each; forfeiture and destruction of drugs ordered.
Legal Topics
Drug Offences, Sentencing, Mitigation
Criminal Law Drug Offences Sentencing Mitigation

Case Brief

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Parties

Ali

Defendant

De Freitas

Defendant

Da Costa

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentencing for possession with intent to supply heroin
  2. 2 Mitigation for first offenders and youth
  3. 3 Manipulation by experienced drug dealer

Ratio Decidendi

Sentences reflect seriousness of heroin trafficking, with mitigation for guilty plea, youth, cooperation, and manipulation by an experienced dealer. Community service imposed for first offenders and youth; custodial sentence for principal offender.

Court Disposition

Ali sentenced to 4 years' imprisonment; De Freitas and Da Costa sentenced to 150 hours community service each; forfeiture and destruction of drugs ordered.

Orders

  • Ali: 4 years' imprisonment (counts concurrent)
  • De Freitas: 150 hours community service (concurrent, equivalent to 9 months' imprisonment)