AG -v- De Oliveira [2008] JRC 124 (05 August 2008)

AG -v- De Oliveira [2008] JRC 124 (05 August 2008)

The correct sentence is 3 years' imprisonment, reduced from the starting point due to mitigation including guilty plea, lack of previous convictions, personal use, and efforts to overcome addiction. Deportation is recommended as connections to Jersey are modest and continued presence would be detrimental.

Citation
[2008] JRC 124
Parties
Defendant: Mr De Oliveira; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
05 August 2008
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentencing
Legal Topics
Drug Importation, Sentencing, Deportation, Human Rights
Criminal Law Drug Importation Sentencing Deportation Human Rights

Case Brief

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Parties

Mr De Oliveira

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for importation of heroin
  2. 2 mitigation for personal use
  3. 3 recommendation for deportation

Ratio Decidendi

The correct sentence is 3 years' imprisonment, reduced from the starting point due to mitigation including guilty plea, lack of previous convictions, personal use, and efforts to overcome addiction. Deportation is recommended as connections to Jersey are modest and continued presence would be detrimental.

Court Disposition

conviction and sentencing

Orders

  • 3 years' imprisonment
  • recommendation for deportation at end of sentence