AG -v- De Freitas and Gomes [2008] JRC 166 (26 September 2008)

AG -v- De Freitas and Gomes [2008] JRC 166 (26 September 2008)

Both defendants were sentenced to imprisonment for their roles in heroin dealing, with mitigation reducing the sentences. Deportation was not recommended for De Freitas due to strong mitigation and first offence, but was recommended for Gomes due to prior convictions and a previous explicit warning.

Citation
[2008] JRC 166
Parties
Defendant: De Freitas; Defendant: Gomes; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
26 September 2008
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentence
Legal Topics
Drug Offences, Sentencing, Deportation
Criminal Law Drug Offences Sentencing Deportation

Case Brief

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Parties

De Freitas

Defendant

Gomes

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for heroin dealing and possession
  2. 2 Whether deportation should be recommended for defendants convicted of drug offences

Ratio Decidendi

Both defendants were sentenced to imprisonment for their roles in heroin dealing, with mitigation reducing the sentences. Deportation was not recommended for De Freitas due to strong mitigation and first offence, but was recommended for Gomes due to prior convictions and a previous explicit warning.

Court Disposition

conviction and sentence

Orders

  • De Freitas sentenced to 2.5 years' imprisonment.
  • Gomes sentenced to 18 months' imprisonment.