AG -v- De Jesus and Mendes [2009] JRC 068 (15 April 2009)

AG -v- De Jesus and Mendes [2009] JRC 068 (15 April 2009)

Sentences reduced from the Crown Advocate's starting point due to mitigating factors including guilty pleas, lack of previous convictions, cooperation, and personal circumstances. Deportation recommended for De Jesus but not for Mendes due to family connections and proportionality under the Nazari test.

Citation
[2009] JRC 068
Parties
Defendant: De Jesus; Defendant: Mendes; Prosecutor: Crown Advocate
Jurisdiction
Jersey
Judgment Date
15 April 2009
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentencing
Legal Topics
Drug Importation, Sentencing, Deportation
Criminal Law Drug Importation Sentencing Deportation

Case Brief

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Parties

De Jesus

Defendant

Mendes

Defendant

Crown Advocate

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for heroin importation
  2. 2 application of deportation test

Ratio Decidendi

Sentences reduced from the Crown Advocate's starting point due to mitigating factors including guilty pleas, lack of previous convictions, cooperation, and personal circumstances. Deportation recommended for De Jesus but not for Mendes due to family connections and proportionality under the Nazari test.

Court Disposition

conviction and sentencing

Orders

  • De Jesus sentenced to 5 years' imprisonment and recommended for deportation after sentence.
  • Mendes sentenced to 4.5 years' imprisonment with no deportation recommendation.