AG -v- Martins and Ors [2008] JRC 021 (15 February 2008)

AG -v- Martins and Ors [2008] JRC 021 (15 February 2008)

Fabio Martins, as organiser and high risk of re-offending, receives 12 months' imprisonment consecutive to current sentence and deportation recommendation; Claudio De Freitas and Joao Martins, with lesser roles, no previous convictions, and low risk, receive community service orders without deportation recommendations.

Citation
[2008] JRC 021
Parties
Defendant: Fabio Martins; Defendant: Claudio De Freitas; Defendant: Joao Martins; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
15 February 2008
Procedural Posture
Criminal / Sentencing Judgment
Outcome
conviction and sentencing
Legal Topics
Attempting to Acquire Proceeds of Drug Trafficking, Sentencing, Deportation, Community Service Order
Criminal Law Attempting to Acquire Proceeds of Drug Trafficking Sentencing Deportation Community Service Order

Case Brief

Summary, issues, holding and outcome

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Parties

Fabio Martins

Defendant

Claudio De Freitas

Defendant

Joao Martins

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Appropriate sentence for attempting to acquire proceeds of drug trafficking
  2. 2 Whether to recommend deportation for convicted defendants

Ratio Decidendi

Fabio Martins, as organiser and high risk of re-offending, receives 12 months' imprisonment consecutive to current sentence and deportation recommendation; Claudio De Freitas and Joao Martins, with lesser roles, no previous convictions, and low risk, receive community service orders without deportation recommendations.

Court Disposition

conviction and sentencing

Orders

  • Fabio Martins: 12 months' imprisonment consecutive to current sentence; recommendation for deportation
  • Claudio De Freitas: 150 hours' Community Service Order; no deportation recommendation