AG -v- Dos Santos and Henriques [2007] JRC 101 (18 May 2007)

AG -v- Dos Santos and Henriques [2007] JRC 101 (18 May 2007)

Both defendants acted as couriers in importing 6 kilos of cannabis. The Campbell guidelines set the sentencing range. Mitigation was applied for guilty pleas and personal circumstances. Dos Santos received 21 months' imprisonment without deportation recommendation due to hardship to his parents. Henriques received 1 year youth detention with a deportation recommendation due to her lower risk and youth but absence of innocent parties affected by deportation.

Citation
[2007] JRC 101
Parties
Defendant: Mr Dos Santos; Defendant: Henriques
Jurisdiction
Jersey
Judgment Date
18 May 2007
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Drug Importation, Sentencing, Deportation, Mitigation
Criminal Law Drug Importation Sentencing Deportation Mitigation

Case Brief

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Parties

Mr Dos Santos

Defendant

Henriques

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for importation of cannabis
  2. 2 application of Campbell guidelines
  3. 3 consideration of deportation

Ratio Decidendi

Both defendants acted as couriers in importing 6 kilos of cannabis. The Campbell guidelines set the sentencing range. Mitigation was applied for guilty pleas and personal circumstances. Dos Santos received 21 months' imprisonment without deportation recommendation due to hardship to his parents. Henriques received 1 year youth detention with a deportation recommendation due to her lower risk and youth but absence of innocent parties affected by deportation.

Court Disposition

convicted and sentenced

Orders

  • Mr Dos Santos: 21 months' imprisonment (counts concurrent), no deportation recommendation
  • Henriques: 1 year youth detention, deportation recommended