AG -v- Ferreira [2015] JRC 213 (16 October 2015)

AG -v- Ferreira [2015] JRC 213 (16 October 2015)

Importation of a highly dangerous psychoactive substance, even if not a controlled drug, constitutes a serious offence requiring a custodial sentence. The defendant's high risk of reconviction and lack of ties to Jersey justify a recommendation for deportation.

Citation
[2015] JRC 213
Parties
Defendant: Defendant; Prosecutor: Crown
Jurisdiction
Jersey
Judgment Date
16 October 2015
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentencing
Legal Topics
Importation of Prohibited Substances, Sentencing, Deportation, Psychoactive Substances
Criminal Law Immigration Law Importation of Prohibited Substances Sentencing Deportation Psychoactive Substances

Case Brief

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Parties

Defendant

Defendant

Crown

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether importation of CHMICA, a psychoactive substance not classified as a controlled drug, warrants a custodial sentence
  2. 2 Whether the defendant should be recommended for deportation from Jersey

Ratio Decidendi

Importation of a highly dangerous psychoactive substance, even if not a controlled drug, constitutes a serious offence requiring a custodial sentence. The defendant's high risk of reconviction and lack of ties to Jersey justify a recommendation for deportation.

Court Disposition

conviction and sentencing

Orders

  • 1 year's imprisonment
  • forfeiture and destruction of the drugs