AG -v- Andrade and Ors 21-Feb-2006 [2006] JRC 029 (21 February 2006)

AG -v- Andrade and Ors 21-Feb-2006 [2006] JRC 029 (21 February 2006)

Sentences must reflect both the unprecedented quantity of heroin and the specific roles and mitigation of each defendant, with higher sentences justified by Jersey's small population and high drug prices. Substantial discounts for guilty pleas are warranted but limited by timing. Swinburne's exceptional health justifies further reduction as an act of mercy.

Citation
[2006] JRC 029
Parties
Defendant: Andrade; Defendant: Andrews; Defendant: Swinburne; Accomplice: Silvester; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
21 February 2006
Procedural Posture
Criminal / Sentencing Judgment
Outcome
conviction and sentencing
Legal Topics
Drug Importation, Sentencing, Mitigation, Conspiracy

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Andrade

Defendant

Andrews

Defendant

Swinburne

Defendant

Silvester

Accomplice

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing Judgment

  1. 1 Appropriate sentencing for large-scale heroin importation
  2. 2 Assessment of individual roles and mitigation in drug trafficking cases

Ratio Decidendi

Sentences must reflect both the unprecedented quantity of heroin and the specific roles and mitigation of each defendant, with higher sentences justified by Jersey's small population and high drug prices. Substantial discounts for guilty pleas are warranted but limited by timing. Swinburne's exceptional health justifies further reduction as an act of mercy.

Court Disposition

conviction and sentencing

Orders

  • Andrade sentenced to 12 years' imprisonment
  • Andrews sentenced to 15 years' imprisonment