AG -v- Fernandes and Figueira [2007] JRC 221 (26 November 2007)

AG -v- Fernandes and Figueira [2007] JRC 221 (26 November 2007)

The seriousness of importing controlled drugs, even for personal use, requires custodial sentences, but mitigation including youth, background, and personal use justifies reduced terms.

Citation
[2007] JRC 221
Parties
Defendant: Fernandes; Defendant: Figueira
Jurisdiction
Jersey
Judgment Date
26 November 2007
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentencing
Legal Topics
Drug Importation, Youth Offenders, Sentencing
Criminal Law Drug Importation Youth Offenders Sentencing

Case Brief

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Parties

Fernandes

Defendant

Figueira

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether Fernandes and Figueira were knowingly concerned in the fraudulent evasion of the prohibition on the importation of controlled drugs
  2. 2 Appropriate sentencing for a young offender under the Criminal Justice Young Offenders (Jersey) Law 1994

Ratio Decidendi

The seriousness of importing controlled drugs, even for personal use, requires custodial sentences, but mitigation including youth, background, and personal use justifies reduced terms.

Court Disposition

conviction and sentencing

Orders

  • Fernandes sentenced to 2 years youth custody
  • Figueira sentenced to 3 years imprisonment