AG -v- Henriques and Freitas [2005] JRC 115 (16 August 2005)

AG -v- Henriques and Freitas [2005] JRC 115 (16 August 2005)

Both defendants were equally culpable in a joint venture; same sentencing starting point applied; deportation recommended in the interests of the community.

Citation
[2005] JRC 115
Parties
Defendant: Henriques; Defendant: Freitas; Prosecutor: Crown Advocate
Jurisdiction
Jersey
Judgment Date
16 August 2005
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Drug Importation, Sentencing, Deportation, Mitigation
Criminal Law Drug Importation Sentencing Deportation Mitigation

Case Brief

Summary, issues, holding and outcome

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Parties

Henriques

Defendant

Freitas

Defendant

Crown Advocate

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentencing for drug importation
  2. 2 relative culpability of co-defendants
  3. 3 recommendation for deportation

Ratio Decidendi

Both defendants were equally culpable in a joint venture; same sentencing starting point applied; deportation recommended in the interests of the community.

Court Disposition

convicted and sentenced

Orders

  • Henriques sentenced to 4.5 years' imprisonment (Counts 1 and 2 concurrent)
  • Freitas sentenced to 4.5 years' imprisonment (Counts 1, 2, and 3 concurrent)