AG -v- Hilario [2008] JRC 195 (13 November 2008)

AG -v- Hilario [2008] JRC 195 (13 November 2008)

Defendant's role was less significant than De Gouveia, warranting a lower starting point for sentencing; mitigation factors justify concurrent sentences totaling 6 years; deportation recommended due to detriment to public interest and absence of hardship to innocents.

Citation
[2008] JRC 195
Parties
Defendant: Defendant; Prosecutor: Crown; Co Accused: Da Silva; Co Accused: De Gouveia
Jurisdiction
Jersey
Judgment Date
13 November 2008
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Drug Importation, Sentencing, Deportation
Criminal Law Drug Importation Sentencing Deportation

Case Brief

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Parties

Defendant

Defendant

Crown

Prosecutor

Da Silva

Co Accused

De Gouveia

Co Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentencing for drug importation
  2. 2 recommendation for deportation

Ratio Decidendi

Defendant's role was less significant than De Gouveia, warranting a lower starting point for sentencing; mitigation factors justify concurrent sentences totaling 6 years; deportation recommended due to detriment to public interest and absence of hardship to innocents.

Court Disposition

convicted and sentenced

Orders

  • Count 3: 3 years' imprisonment
  • Count 4: 6 years' imprisonment, concurrent