AG v Monteiro [2001] JRC 90 (27 April 2001)

AG v Monteiro [2001] JRC 90 (27 April 2001)

A sentence of 2 years' imprisonment, concurrent on each count, is appropriate due to the seriousness of the offences, the profit element, commission while on bail and probation, and previous convictions. The defendant's continued presence is to Jersey's detriment, justifying a recommendation for deportation.

Citation
[2001] JRC 90
Parties
Prosecutor: The Crown; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
27 April 2001
Procedural Posture
Criminal / Sentencing After Guilty Plea
Outcome
Conviction; custodial sentence; recommendation for deportation
Legal Topics
Drug Offences, Possession With Intent to Supply, Probation Breach, Deportation
Criminal Law Drug Offences Possession With Intent to Supply Probation Breach Deportation

Case Brief

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Parties

The Crown

Prosecutor

Defendant

Defendant

Procedural Posture

Criminal / Sentencing After Guilty Plea

Legal Issues

  1. 1 Appropriate sentence for possession of heroin with intent to supply
  2. 2 Effect of probation breach and bail status on sentencing
  3. 3 Recommendation for deportation

Ratio Decidendi

A sentence of 2 years' imprisonment, concurrent on each count, is appropriate due to the seriousness of the offences, the profit element, commission while on bail and probation, and previous convictions. The defendant's continued presence is to Jersey's detriment, justifying a recommendation for deportation.

Court Disposition

Conviction; custodial sentence; recommendation for deportation

Orders

  • 2 years' imprisonment, concurrent on each count
  • Forfeiture and destruction of the drugs