AG -v- Sousa [2005] JRC 180 (19 December 2005)

AG -v- Sousa [2005] JRC 180 (19 December 2005)

The sentence was substantially reduced due to open cooperation with authorities, lack of previous convictions, and other mitigating factors, despite the seriousness of the offence.

Citation
[2005] JRC 180
Parties
Defendant: Sousa; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
19 December 2005
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Drug Importation, Sentencing, Mitigation, Deportation
Criminal Law Drug Importation Sentencing Mitigation Deportation

Case Brief

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Parties

Sousa

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for importation of heroin
  2. 2 effect of cooperation with authorities on sentencing
  3. 3 mitigating factors in sentencing

Ratio Decidendi

The sentence was substantially reduced due to open cooperation with authorities, lack of previous convictions, and other mitigating factors, despite the seriousness of the offence.

Court Disposition

convicted and sentenced

Orders

  • Sousa sentenced to 3½ years imprisonment
  • Recommendation for deportation to Portugal after sentence