AG -v- Dos Santos and Ferro [2011] JRC 020 (24 January 2011)

AG -v- Dos Santos and Ferro [2011] JRC 020 (24 January 2011)

Both defendants were closely involved in the importation of a commercial quantity of heroin. The starting point for sentencing is 10 years, adjusted for personal mitigation. Mr Dos Santos received a reduced sentence for his guilty plea and cooperation. Mr Ferro received a higher sentence due to lack of guilty plea and previous convictions. Deportation recommendation for Mr Ferro is justified as his continued presence is detrimental to the community and convention interests do not outweigh this detriment.

Citation
[2011] JRC 020
Parties
Defendant: Mr Dos Santos; Defendant: Mr Ferro; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
24 January 2011
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentencing
Legal Topics
Drug Importation, Sentencing, Deportation, Mitigation, Disparity

Case Brief

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Parties

Mr Dos Santos

Defendant

Mr Ferro

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Sentencing

  1. 1 appropriate sentence for importation of heroin
  2. 2 mitigation for guilty plea and cooperation
  3. 3 recommendation for deportation

Ratio Decidendi

Both defendants were closely involved in the importation of a commercial quantity of heroin. The starting point for sentencing is 10 years, adjusted for personal mitigation. Mr Dos Santos received a reduced sentence for his guilty plea and cooperation. Mr Ferro received a higher sentence due to lack of guilty plea and previous convictions. Deportation recommendation for Mr Ferro is justified as his continued presence is detrimental to the community and convention interests do not outweigh this detriment.

Court Disposition

conviction and sentencing

Orders

  • Mr Dos Santos sentenced to 2 years' imprisonment
  • Mr Ferro sentenced to 9 years' imprisonment