AG -v- Burrow and Others [2010] JRC 070 (01 April 2010)

AG -v- Burrow and Others [2010] JRC 070 (01 April 2010)

Sentences for importation and possession of heroin must reflect the seriousness of the offence, but substantial mitigation—including personal use, delay, and good character—can justify significant reduction. Deportation is not proportionate where it would have a dramatic effect on family and the offence is a first offence for personal use.

Citation
[2010] JRC 070
Parties
Defendant: Ramalho; Defendant: Burrow; Defendant: Da Silva
Jurisdiction
Jersey
Judgment Date
01 April 2010
Procedural Posture
Criminal / Sentencing Judgment
Outcome
conviction and sentencing
Legal Topics
Drug Offences, Sentencing, Mitigation, Deportation
Criminal Law Drug Offences Sentencing Mitigation Deportation

Case Brief

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Parties

Ramalho

Defendant

Burrow

Defendant

Da Silva

Defendant

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Appropriate sentence for importation and possession of heroin for personal use
  2. 2 Consideration of mitigation including delay, personal use, and good character
  3. 3 Propriety and proportionality of deportation recommendation

Ratio Decidendi

Sentences for importation and possession of heroin must reflect the seriousness of the offence, but substantial mitigation—including personal use, delay, and good character—can justify significant reduction. Deportation is not proportionate where it would have a dramatic effect on family and the offence is a first offence for personal use.

Court Disposition

conviction and sentencing

Orders

  • Ramalho: 4 years' imprisonment (Count 1), 3 years' imprisonment concurrent (Count 4)
  • Burrow: 3 years' imprisonment (Count 1), 6 months' imprisonment concurrent (Count 3)