AG -v- Szczypek [2012] JRC 126 (28 June 2012)

AG -v- Szczypek [2012] JRC 126 (28 June 2012)

The defendant's cooperation warranted a 50% sentencing discount, resulting in 4 years' imprisonment. The seriousness of the offence and medium risk of reoffending justified deportation, with public interest outweighing the defendant's and his family's human rights.

Citation
[2012] JRC 126
Parties
Prosecution: The Crown; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
28 June 2012
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Drug Offences, Deportation, Sentencing, Human Rights
Criminal Law Immigration Law Drug Offences Deportation Sentencing Human Rights

Case Brief

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Parties

The Crown

Prosecution

Defendant

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for supply of heroin
  2. 2 mitigation and sentencing discount
  3. 3 recommendation for deportation

Ratio Decidendi

The defendant's cooperation warranted a 50% sentencing discount, resulting in 4 years' imprisonment. The seriousness of the offence and medium risk of reoffending justified deportation, with public interest outweighing the defendant's and his family's human rights.

Court Disposition

convicted and sentenced

Orders

  • 4 years' imprisonment on Count 1
  • 1 month's imprisonment on Count 2, concurrent