AG -v- Spinola [2016] JRC 166G (21 September 2016)

AG -v- Spinola [2016] JRC 166G (21 September 2016)

The defendant, as a minder, played a serious role in drug trafficking. Mitigation factors were considered, but the Crown's conclusions were correct. Sentences imposed reflect the seriousness of the offences. The Camacho test for deportation was applied; the first limb was met, but deportation was not recommended by majority decision after considering human rights.

Citation
[2016] JRC 166G
Parties
Defendant: Unknown (Defendant); Prosecutor: The Crown
Jurisdiction
Jersey
Judgment Date
21 September 2016
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Drug Trafficking, Possession With Intent to Supply, Confiscation Order, Deportation
Criminal Law Drug Trafficking Possession With Intent to Supply Confiscation Order Deportation

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Parties

Unknown (Defendant)

Defendant

The Crown

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 sentencing for drug trafficking and possession with intent to supply
  2. 2 confiscation order determination
  3. 3 forfeiture and destruction of drugs

Ratio Decidendi

The defendant, as a minder, played a serious role in drug trafficking. Mitigation factors were considered, but the Crown's conclusions were correct. Sentences imposed reflect the seriousness of the offences. The Camacho test for deportation was applied; the first limb was met, but deportation was not recommended by majority decision after considering human rights.

Court Disposition

convicted and sentenced

Orders

  • 3½ years' imprisonment for Count 1
  • 6 months' imprisonment for Count 3, concurrent