AG -v- Da Silva [2007] JRC 220 (26 November 2007)

AG -v- Da Silva [2007] JRC 220 (26 November 2007)

Given the quantity of heroin supplied, the regularity of supply, and the sentencing guidelines, the appropriate starting point is 11 years' imprisonment. Due to early guilty plea, full admissions, lack of previous convictions, and other mitigating factors, the sentence is reduced to 5 years' imprisonment. Deportation is recommended after balancing Article 8 ECHR rights against public interest in preventing drug trafficking.

Citation
[2007] JRC 220
Parties
Defendant: Da Silva; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
26 November 2007
Procedural Posture
Criminal / Sentencing Judgment
Outcome
convicted and sentenced
Legal Topics
Drug Trafficking, Sentencing, Deportation, Admissions in Police Interview, Article 8 ECHR
Criminal Law Immigration Law Human Rights Law Drug Trafficking Sentencing Deportation Admissions in Police Interview Article 8 ECHR

Case Brief

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Parties

Da Silva

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Appropriate sentence for supply of heroin
  2. 2 Whether admissions in police interview should be excluded for sentencing
  3. 3 Whether to recommend deportation under Immigration Act 1971 considering Article 8 ECHR

Ratio Decidendi

Given the quantity of heroin supplied, the regularity of supply, and the sentencing guidelines, the appropriate starting point is 11 years' imprisonment. Due to early guilty plea, full admissions, lack of previous convictions, and other mitigating factors, the sentence is reduced to 5 years' imprisonment. Deportation is recommended after balancing Article 8 ECHR rights against public interest in preventing drug trafficking.

Court Disposition

convicted and sentenced

Orders

  • 5 years' imprisonment
  • recommendation for deportation upon completion of sentence