AG -v- Dos Santos and Miah [2012] JRC 124 (28 June 2012)

Sentences reflect the weight of drugs and level of involvement, with mitigation considered. Deportation not recommended for Dos Santos as it would be disproportionate under ECHR rights.

Citation: [2012] JRC 124
Parties: Defendant: Miah; Defendant: Dos Santos; Prosecutor: Crown
Jurisdiction: Jersey
Judgment Date: 28 June 2012
Procedural Posture: Criminal / Sentencing
Outcome: conviction and sentencing
Legal Topics: Drug Offences, Sentencing, Deportation, Mitigation, Human Rights

Criminal Law Drug Offences Sentencing Deportation Mitigation Human Rights

Case Brief

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Parties

Miah

Defendant

Dos Santos

Defendant

Crown

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

1 appropriate sentencing for supply and possession of heroin
2 mitigation in sentencing
3 recommendation for deportation

Ratio Decidendi

Sentences reflect the weight of drugs and level of involvement, with mitigation considered. Deportation not recommended for Dos Santos as it would be disproportionate under ECHR rights.

Court Disposition

conviction and sentencing

Orders

Dos Santos sentenced to 4 years' imprisonment for Count 3
Miah sentenced to 5.5 years' imprisonment for Count 1 and 4 years for Count 2, concurrent, total 5.5 years