AG -v- Ferreira [2009] JRC 065 (06 April 2009)
The defendant, as a classic courier with significant mitigation, is sentenced to 3 years' imprisonment for importation of heroin, with a concurrent 3-month sentence on a second count, and a recommendation for deportation due to the detrimental impact of Class A drug importation on the Island.
Source-derived case information.
- Citation
- [2009] JRC 065
- Parties
- Defendant: Mr Ferreira; Prosecution: Crown
- Jurisdiction
- Jersey
- Judgment Date
- 06 April 2009
- Procedural Posture
- Criminal / Sentencing
- Outcome
- convicted and sentenced
- Legal Topics
- Drug Importation, Sentencing, Deportation, Forfeiture
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mr Ferreira
Defendant
Crown
Prosecution
Procedural Posture
Criminal / Sentencing
Legal Issues
- 1 appropriate sentence for importation of Class A drugs
- 2 whether to recommend deportation
- 3 forfeiture of drugs
Ratio Decidendi
The defendant, as a classic courier with significant mitigation, is sentenced to 3 years' imprisonment for importation of heroin, with a concurrent 3-month sentence on a second count, and a recommendation for deportation due to the detrimental impact of Class A drug importation on the Island.
Court Disposition
convicted and sentenced
Orders
- 3 years' imprisonment on Count 1
- 3 months' imprisonment on Count 2, concurrent
Full Case Text
Judgment text and source record
1 paragraphs
JUDGMENT THE DEPUTY BAILIFF: 1. Mr Ferreira you imported 44 grams of heroin with a street value of £44,500 which was concealed internally. Fortunately you were stopped at the Airport. You have no previous convictions nor do you have a drug addiction. It is surprising therefore to see you commit this offence. It seems you were made redundant in Portugal shortly before these events and you succumbed to temptation to earn a fee of €1,000 for this importation. We are satisfied that you are a classic courier and we agree the starting point of 8 years recommended by the Crown and which your Advocate does not disagree with. 2. In mitigation you have pleaded guilty which stands to your credit. You have no previous convictions, more than that you have a good work record and we have read the references from your family and from others. In particular we note that you were a volunteer fire fighter and paramedic in Portugal. We accept that you are remorseful for what you did and we have read the letter which you have written to us. We also note that you are 21 and therefore still a young man. We see from the reports that you are described as being naive and easily taken advantage of and that you are at low risk of re-offending. Taking all these matters into account and all the mitigation which appears from the papers before us, we think we can reduce the conclusions of the Crown. 3. The sentence of the Court therefore is on Count 1; 3 years' imprisonment, on Count 2; 3 months' imprisonment, concurrent, so that is 3 years in all. 4. As to deportation we find that your continued presence in the Island would be detrimental because you have imported Class A drugs which is very damaging to the young people of this Island. We note this is your first ever visit to Jersey. You have no connections with the Island, no family here and all your family are in Portugal. It would therefore not be disproportionate to recommend your deportation and we note indeed that you do not oppose a recommendation for deportation. We therefore make such a recommendation. 5. We order the forfeiture and destruction of the drugs. No Authorities Page Last Updated: 15 Jun 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII