AG -v- Fernandes [2015] JRC 198B (28 September 2015)

AG -v- Fernandes [2015] JRC 198B (28 September 2015)

The correct starting point for sentencing is 12 years due to the quantity and principal role of the defendant; mitigation and guilty plea reduce the sentence; assault sentence is consecutive due to its separate nature; deportation is proportionate given risk and circumstances.

Citation
[2015] JRC 198B
Parties
Prosecution: Crown; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
28 September 2015
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentencing
Legal Topics
Drug Importation, Psychoactive Substances, Assault, Deportation, Sentencing
Criminal Law Drug Importation Psychoactive Substances Assault Deportation Sentencing

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Crown

Prosecution

Defendant

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentencing for importation and dealing of synthetic LSD and Class B drugs
  2. 2 mitigation for guilty plea and personal circumstances
  3. 3 concurrent or consecutive sentencing for assault

Ratio Decidendi

The correct starting point for sentencing is 12 years due to the quantity and principal role of the defendant; mitigation and guilty plea reduce the sentence; assault sentence is consecutive due to its separate nature; deportation is proportionate given risk and circumstances.

Court Disposition

conviction and sentencing

Orders

  • 1 month's imprisonment on First Indictment
  • 1 month's imprisonment on Second Indictment Count 1