Jersey Judgment

AG -v- De Freitas [2005] JRC 170 (09 December 2005)

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Professional case brief

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Source document

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

Defendant

Amounts and remedies

  • Probation Order Duration: 6

03

Procedural history

  1. 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

  1. 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

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Judgment text

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Source document

Court record

Judgment

[2005] JRC 170

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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