AG -v- Macedo [2014] JRC 049 (24 February 2014)

Substantial mitigation warrants reduction of sentence to 4½ years. Deportation would be disproportionate due to defendant's long residence, family ties, and Article 8 rights.

Citation: [2014] JRC 049
Parties: Defendant: Defendant; Prosecutor: Attorney General
Jurisdiction: Jersey
Judgment Date: 24 February 2014
Procedural Posture: Criminal / Sentencing
Outcome: convicted and sentenced
Legal Topics: Drug Importation, Sentencing, Deportation, Mitigation, Human Rights

Criminal Law Drug Importation Sentencing Deportation Mitigation Human Rights

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Parties

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

1 Appropriate sentence for importation of Class A drugs
2 Whether deportation recommendation is proportionate given Article 8 rights

Ratio Decidendi

Substantial mitigation warrants reduction of sentence to 4½ years. Deportation would be disproportionate due to defendant's long residence, family ties, and Article 8 rights.

Court Disposition

convicted and sentenced

Orders

4½ years' imprisonment
forfeiture and destruction of drugs