AG v Blanco and Breese [2011] JRC 153 (01 August 2011)

AG v Blanco and Breese [2011] JRC 153 (01 August 2011)

Both accused participated in the importation of 98 grams of heroin; mitigation applied for guilty pleas and cooperation; sentencing reflects public interest in cooperation and consistency with guidelines; deportation recommendation justified by offence and lack of connection to the Island.

Citation
[2011] JRC 153
Parties
Defendant: Mr Blanco; Defendant: Mr Breese; Prosecutor: Crown
Jurisdiction
Jersey
Judgment Date
01 August 2011
Procedural Posture
Criminal / Sentencing Judgment
Outcome
conviction and sentencing
Legal Topics
Drug Importation, Sentencing, Mitigation, Deportation Recommendation
Criminal Law Drug Importation Sentencing Mitigation Deportation Recommendation

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Blanco

Defendant

Mr Breese

Defendant

Crown

Prosecutor

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 fraudulent evasion of prohibition on importation of controlled drugs
  2. 2 sentencing consistency between co-accused
  3. 3 mitigation for cooperation and guilty plea

Ratio Decidendi

Both accused participated in the importation of 98 grams of heroin; mitigation applied for guilty pleas and cooperation; sentencing reflects public interest in cooperation and consistency with guidelines; deportation recommendation justified by offence and lack of connection to the Island.

Court Disposition

conviction and sentencing

Orders

  • Mr Blanco sentenced to 4 years' imprisonment
  • Mr Breese sentenced to 5 years' imprisonment