AG -v- de Castro [2005] JRC 114 (16 August 2005)

AG -v- de Castro [2005] JRC 114 (16 August 2005)

The importation of a large quantity of heroin by a young first offender is so serious that a custodial sentence is unavoidable, and deportation is justified as his continued presence is detrimental to the community.

Citation
[2005] JRC 114
Parties
Defendant: De Castro; Prosecution: Crown Advocate
Jurisdiction
Jersey
Judgment Date
16 August 2005
Procedural Posture
Criminal / Sentencing After Guilty Plea
Outcome
Convicted and sentenced to youth detention; recommendation for deportation; forfeiture and destruction of drugs ordered.
Legal Topics
Drug Trafficking, Sentencing, Deportation, Youth Offenders
Criminal Law Drug Trafficking Sentencing Deportation Youth Offenders

Case Brief

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Parties

De Castro

Defendant

Crown Advocate

Prosecution

Procedural Posture

Criminal / Sentencing After Guilty Plea

Legal Issues

  1. 1 Appropriate sentence for importation of Class A drugs by a youth offender
  2. 2 Whether deportation is justified after sentence

Ratio Decidendi

The importation of a large quantity of heroin by a young first offender is so serious that a custodial sentence is unavoidable, and deportation is justified as his continued presence is detrimental to the community.

Court Disposition

Convicted and sentenced to youth detention; recommendation for deportation; forfeiture and destruction of drugs ordered.

Orders

  • 5 years' youth detention on Count 3
  • 3 years' youth detention on Count 4, concurrent