AG v Antunes Saraiva and Viveiros [2003] JRC 074 (30 April 2003)

AG v Antunes Saraiva and Viveiros [2003] JRC 074 (30 April 2003)

Sentences are determined by the degree of involvement, quantity of drugs, prior convictions, and mitigation. Deportation is recommended for repeat offenders where continued presence is detrimental. For lesser involvement and first offences, mitigation can justify reduced sentences and no deportation.

Citation
[2003] JRC 074
Parties
Defendant: Viveiros; Defendant: Saraiva; Defendant: Antunes; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
30 April 2003
Procedural Posture
Criminal / Sentencing Judgment
Outcome
conviction and sentencing
Legal Topics
Drug Offences, Sentencing, Deportation
Criminal Law Drug Offences Sentencing Deportation

Case Brief

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Parties

Viveiros

Defendant

Saraiva

Defendant

Antunes

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Appropriate sentencing for possession with intent to supply heroin
  2. 2 Appropriate sentencing for being concerned in supply of heroin
  3. 3 Consideration of deportation for repeat drug offences

Ratio Decidendi

Sentences are determined by the degree of involvement, quantity of drugs, prior convictions, and mitigation. Deportation is recommended for repeat offenders where continued presence is detrimental. For lesser involvement and first offences, mitigation can justify reduced sentences and no deportation.

Court Disposition

conviction and sentencing

Orders

  • Viveiros: seven years' imprisonment, forfeiture and destruction of drugs, recommendation for deportation
  • Saraiva: two and a half years' imprisonment (concurrent sentences), forfeiture and destruction of drugs