AG -v- Pestana [2013] JRC 148A (29 July 2013)

AG -v- Pestana [2013] JRC 148A (29 July 2013)

The assertion that the majority of the heroin was for personal use was wholly implausible given the quantity, financial motive, and inconsistent statements; a significant proportion was intended for supply. The appropriate sentence, considering mitigation, is 6 years' imprisonment, with concurrent sentences on...

Source-derived case information.

Citation
[2013] JRC 148A
Parties
Defendant: [Defendant Name Not Provided]; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
29 July 2013
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Drug Importation, Sentencing, Deportation, Mitigation, Evidence Assessment
Criminal Law Drug Importation Sentencing Deportation Mitigation Evidence Assessment

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Parties

[Defendant Name Not Provided]

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the majority of imported heroin was for personal use or for supply
  2. 2 Appropriate sentencing for importation of 64 grams of heroin
  3. 3 Consideration of mitigating factors including guilty plea, cooperation, lack of previous convictions, and drug purity

Ratio Decidendi

The assertion that the majority of the heroin was for personal use was wholly implausible given the quantity, financial motive, and inconsistent statements; a significant proportion was intended for supply. The appropriate sentence, considering mitigation, is 6 years' imprisonment, with concurrent sentences on lesser counts, forfeiture and destruction of drugs, and a recommendation for deportation.

Court Disposition

convicted and sentenced

Orders

  • 6 years' imprisonment on Count 1
  • 3 months' imprisonment on Count 2 (concurrent)