AG -v- De Sa and Da Costa [2007] JRC 130 (03 July 2007)

AG -v- De Sa and Da Costa [2007] JRC 130 (03 July 2007)

Both defendants, as couriers in the importation of 52 grams of heroin, are equally responsible and subject to significant custodial sentences with deductions for mitigation. Deportation is justified due to the seriousness of the offence and risk of re-offending, outweighing Article 8 rights.

Citation
[2007] JRC 130
Parties
Defendant: De Sa; Defendant: De Costa; Prosecution: The Crown
Jurisdiction
Jersey
Judgment Date
03 July 2007
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentencing
Legal Topics
Drug Trafficking, Sentencing, Deportation
Criminal Law Drug Trafficking Sentencing Deportation

Case Brief

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Parties

De Sa

Defendant

De Costa

Defendant

The Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for importation of heroin
  2. 2 whether deportation is justified for foreign nationals convicted of drug trafficking

Ratio Decidendi

Both defendants, as couriers in the importation of 52 grams of heroin, are equally responsible and subject to significant custodial sentences with deductions for mitigation. Deportation is justified due to the seriousness of the offence and risk of re-offending, outweighing Article 8 rights.

Court Disposition

conviction and sentencing

Orders

  • De Sa: 3.5 years' imprisonment (concurrent on all counts), recommendation for deportation
  • De Costa: 4.5 years' imprisonment (concurrent on all counts), recommendation for deportation