AG v Andrade [2004] JRC 018 (28 January 2004)

AG v Andrade [2004] JRC 018 (28 January 2004)

The sentence was reduced from a 7-year starting point to 3½ years due to significant mitigation, and no deportation recommendation was made based on persuasive arguments regarding family ties and rehabilitation potential.

Citation
[2004] JRC 018
Parties
Defendant: Unknown Defendant; Prosecutor: The Crown
Jurisdiction
Jersey
Judgment Date
28 January 2004
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Drug Importation, Sentencing, Mitigation, Deportation Recommendation
Criminal Law Drug Importation Sentencing Mitigation Deportation Recommendation

Case Brief

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Parties

Unknown Defendant

Defendant

The Crown

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for importation of heroin and crack cocaine
  2. 2 mitigating factors in sentencing
  3. 3 recommendation for deportation

Ratio Decidendi

The sentence was reduced from a 7-year starting point to 3½ years due to significant mitigation, and no deportation recommendation was made based on persuasive arguments regarding family ties and rehabilitation potential.

Court Disposition

convicted and sentenced

Orders

  • 3½ years' imprisonment on count 1
  • 9 months' imprisonment concurrent on count 2