AG -v- Martins 5-Sep-2006 [2006] JRC 122 (05 September 2006)

AG -v- Martins 5-Sep-2006 [2006] JRC 122 (05 September 2006)

Martins was sentenced to 4½ years' imprisonment for importing a commercial quantity of heroin, and deportation was recommended as his continued presence was detrimental to the public good and the effect on his family life was not disproportionate.

Citation
[2006] JRC 122
Parties
Defendant: Martins; Prosecution: Crown Advocate
Jurisdiction
Jersey
Judgment Date
05 September 2006
Procedural Posture
Criminal / Sentencing
Outcome
Conviction and sentencing; recommendation for deportation
Legal Topics
Drug Importation, Sentencing, Deportation, Mitigation, Human Rights
Criminal Law Immigration Law Drug Importation Sentencing Deportation Mitigation Human Rights

Case Brief

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Parties

Martins

Defendant

Crown Advocate

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for importation of commercial quantity of heroin
  2. 2 Whether deportation is justified and proportionate

Ratio Decidendi

Martins was sentenced to 4½ years' imprisonment for importing a commercial quantity of heroin, and deportation was recommended as his continued presence was detrimental to the public good and the effect on his family life was not disproportionate.

Court Disposition

Conviction and sentencing; recommendation for deportation

Orders

  • Martins sentenced to 4½ years' imprisonment
  • Recommendation for deportation to Portugal at conclusion of sentence