AG -v- Le Poidevin, Do Nascimento and Henriques [2009] JRC 154 (04 August 2009)

AG -v- Le Poidevin, Do Nascimento and Henriques [2009] JRC 154 (04 August 2009)

Sentences were determined based on the defendants' roles in the importation, their personal circumstances, and established sentencing guidelines. Deportation was recommended for Henriques and Do Nascimento after applying the two-stage test and finding no sufficient Human Rights barriers.

Citation
[2009] JRC 154
Parties
Defendant: Henriques; Defendant: Le Poidevin; Defendant: Do Nascimento
Jurisdiction
Jersey
Judgment Date
04 August 2009
Procedural Posture
Criminal / Sentencing Judgment
Outcome
conviction and sentencing
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

Le Poidevin

Defendant

Do Nascimento

Defendant

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 appropriate sentence for importation of heroin
  2. 2 application of deportation orders
  3. 3 consideration of mitigation and personal circumstances

Ratio Decidendi

Sentences were determined based on the defendants' roles in the importation, their personal circumstances, and established sentencing guidelines. Deportation was recommended for Henriques and Do Nascimento after applying the two-stage test and finding no sufficient Human Rights barriers.

Court Disposition

conviction and sentencing

Orders

  • Henriques: 6 years' imprisonment (Count 1), 2 months concurrent (Count 2), recommendation for deportation after sentence
  • Le Poidevin: 4 years' imprisonment, no deportation order mentioned