AG v Viveiros [2001] JRC 42 (19 February 2001)

AG v Viveiros [2001] JRC 42 (19 February 2001)

The court determined that despite mitigation, the policy for Class A drug offences required a custodial sentence, but allowed substantial deduction due to the defendant's youth, early guilty plea, and efforts to overcome addiction.

Source-derived case information.

Citation
[2001] JRC 42
Parties
Defendant: Viveiros; Prosecution: The Crown
Jurisdiction
Jersey
Judgment Date
19 February 2001
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Drug Offences, Sentencing, Mitigation, Youth Offenders
Criminal Law Drug Offences Sentencing Mitigation Youth Offenders

Source-derived case record

Summary, issues, holding and outcome

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Parties

Viveiros

Defendant

The Crown

Prosecution

Procedural Posture

Criminal / Sentencing

  1. 1 appropriate sentencing for possession of heroin with intent to supply
  2. 2 mitigation for young offenders

Ratio Decidendi

The court determined that despite mitigation, the policy for Class A drug offences required a custodial sentence, but allowed substantial deduction due to the defendant's youth, early guilty plea, and efforts to overcome addiction.

Court Disposition

convicted and sentenced

Orders

  • 2½ years' youth detention
  • forfeiture and destruction of the drugs