AG -v- De Freitas [2005] JRC 170 (09 December 2005)
- Citation
- [2005] JRC 170
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Sentencing
More details
- Posture
- Criminal / Sentencing
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court determined that the defendant had been punished enough for the drug offence, considering personal circumstances, and substituted the community service order with a probation order.
Court disposition
community service order revoked and replaced with probation order
Orders
- Community Service Order revoked
- Probation Order of 6 months imposed
02
Material facts
Parties
De Freitas
DefendantAmounts and remedies
- Probation Order Duration: 6
03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
whether continued punishment is appropriate for the defendant after prior sentence for drug offence
05
Court’s reasoning
Legal principles
- 01
court's reasoning
Punishment should be proportionate and consider the defendant's circumstances.
06
Ratio, limits and disposition
Ratio decidendi
The court determined that the defendant had been punished enough for the drug offence, considering personal circumstances, and substituted the community service order with a probation order.
Court disposition
community service order revoked and replaced with probation order
- Community Service Order revoked
- Probation Order of 6 months imposed
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
JUDGMENT THE BAILIFF: 1. De Freitas you were foolish, as we think you understand, to get involved with drugs and you did commit a serious offence for which the Court punished you nearly a year ago. But we think you have now been punished enough. We understand the pressures you have, looking after your baby and working, and we do not wish to punish you any more. We are going to revoke the Community Service Order, and substitute that Order with a short Probation Order of 6 months. This will mean you must from time to time go to the Probation Office and the Probation Officer assigned to your case will give you advice and guidance and help and we hope you will take advantage of that. No Authorities Page Last Updated: 06 Jun 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
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