AG -v- Luis and Luis [2009] JRC 047 (13 March 2009)

AG -v- Luis and Luis [2009] JRC 047 (13 March 2009)

A custodial sentence is inevitable for both defendants due to their involvement in drug trafficking, with mitigation applied for guilty pleas and personal circumstances. No recommendation for deportation is made due to human rights considerations.

Citation
[2009] JRC 047
Parties
Defendant: Carina; Defendant: Telma Maria Da Silveira Luis; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
13 March 2009
Procedural Posture
Criminal / Sentencing
Outcome
conviction and custodial sentence
Legal Topics
Drug Offences, Sentencing, Deportation, Confiscation Orders
Criminal Law Drug Offences Sentencing Deportation Confiscation Orders

Case Brief

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Parties

Carina

Defendant

Telma Maria Da Silveira Luis

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for drug trafficking offences
  2. 2 application of Rimmer and Others-v-AG [2001] JLR 373
  3. 3 whether to recommend deportation

Ratio Decidendi

A custodial sentence is inevitable for both defendants due to their involvement in drug trafficking, with mitigation applied for guilty pleas and personal circumstances. No recommendation for deportation is made due to human rights considerations.

Court Disposition

conviction and custodial sentence

Orders

  • Carina: 2 years' imprisonment (concurrent), 1 week on Count 1, 2 years on Count 2, disqualified from driving for 12 months
  • Telma: 2 years' imprisonment (concurrent) on Counts 2, 3, 5, and 2 weeks on Count 1 of Second Indictment