AG -v- Bastos and Pinto [2009] JRC 173 (27 August 2009)

AG -v- Bastos and Pinto [2009] JRC 173 (27 August 2009)

Sentences reduced due to early guilty pleas and mitigating factors. Bastos sentenced to 4 years' imprisonment and recommended for deportation. Pinto sentenced to 3.5 years' imprisonment, no deportation due to personal circumstances outweighing community interest at present.

Citation
[2009] JRC 173
Parties
Defendant: Bastos; Defendant: Pinto; Prosecutor: Crown Advocate
Jurisdiction
Jersey
Judgment Date
27 August 2009
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentencing
Legal Topics
Drug Offences, Sentencing, Deportation
Criminal Law Drug Offences Sentencing Deportation

Case Brief

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Parties

Bastos

Defendant

Pinto

Defendant

Crown Advocate

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for possession of heroin with intent to supply
  2. 2 Whether to recommend deportation of defendants

Ratio Decidendi

Sentences reduced due to early guilty pleas and mitigating factors. Bastos sentenced to 4 years' imprisonment and recommended for deportation. Pinto sentenced to 3.5 years' imprisonment, no deportation due to personal circumstances outweighing community interest at present.

Court Disposition

conviction and sentencing

Orders

  • Bastos sentenced to 4 years' imprisonment and recommended for deportation
  • Pinto sentenced to 3.5 years' imprisonment (concurrent on two counts), no deportation recommendation