AG -v- Cardoso [2010] JRC 151C (19 August 2010)

AG -v- Cardoso [2010] JRC 151C (19 August 2010)

The seriousness of trafficking in Class A drugs warrants a 4-year custodial sentence after mitigation; deportation is not recommended due to strong personal and family ties to Jersey and prior victimization, but future re-offending would likely result in a different outcome.

Citation
[2010] JRC 151C
Parties
Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
19 August 2010
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Drug Trafficking, Sentencing, Deportation, Mitigation
Criminal Law Drug Trafficking Sentencing Deportation Mitigation

Case Brief

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Parties

Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for trafficking in Class A drugs
  2. 2 Whether to recommend deportation following conviction for drug trafficking
  3. 3 Consideration of mitigation in sentencing

Ratio Decidendi

The seriousness of trafficking in Class A drugs warrants a 4-year custodial sentence after mitigation; deportation is not recommended due to strong personal and family ties to Jersey and prior victimization, but future re-offending would likely result in a different outcome.

Court Disposition

convicted and sentenced

Orders

  • 4 years' imprisonment on Count 1 (trafficking in heroin)
  • 2 weeks' imprisonment on Count 2 (possession of cannabis resin), to run concurrently