AG -v- Andrade 26-Jul-2006 [2006] JRC 110 (26 July 2006)

AG -v- Andrade 26-Jul-2006 [2006] JRC 110 (26 July 2006)

Given the seriousness and duration of the drug dealing, a custodial sentence is required despite significant mitigation, but the sentence is reduced due to the defendant's admissions and lack of prior serious convictions.

Citation
[2006] JRC 110
Parties
Defendant: Andrade; Prosecutor: The Crown
Jurisdiction
Jersey
Judgment Date
26 July 2006
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Drug Offences, Sentencing, Mitigation, Deportation
Criminal Law Drug Offences Sentencing Mitigation Deportation

Case Brief

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Parties

Andrade

Defendant

The Crown

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for low-level retail heroin dealing
  2. 2 consideration of mitigation in sentencing
  3. 3 whether to recommend deportation

Ratio Decidendi

Given the seriousness and duration of the drug dealing, a custodial sentence is required despite significant mitigation, but the sentence is reduced due to the defendant's admissions and lack of prior serious convictions.

Court Disposition

convicted and sentenced

Orders

  • 3.5 years' imprisonment on Count 1
  • 6 months' imprisonment on Count 2 (concurrent)