AG -v- De Freitas [2014] JRC 048 (24 February 2014)

AG -v- De Freitas [2014] JRC 048 (24 February 2014)

The defendant's planned and organised importation and distribution of heroin, combined with a previous conviction for serious drug offences and blithe indifference to drug laws, justified a starting point of 10 years, reduced to 6½ years for mitigation.

Citation
[2014] JRC 048
Parties
Defendant: Defendant; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
24 February 2014
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Drug Importation, Drug Trafficking, Sentencing Guidelines
Criminal Law Drug Importation Drug Trafficking Sentencing Guidelines

Case Brief

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Parties

Defendant

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for importation and distribution of heroin
  2. 2 consideration of previous convictions
  3. 3 mitigation factors in sentencing

Ratio Decidendi

The defendant's planned and organised importation and distribution of heroin, combined with a previous conviction for serious drug offences and blithe indifference to drug laws, justified a starting point of 10 years, reduced to 6½ years for mitigation.

Court Disposition

convicted and sentenced

Orders

  • 6½ years' imprisonment on Count 1
  • no separate penalty on Count 2