AG -v- de Gouveia [2005] JRC 139 (07 October 2005)
- Citation
- [2005] JRC 139
- 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 applicant is placed on 240 hours of community service instead of 2 years' imprisonment due to demonstrated rehabilitation and absence of professional recommendation for probation or treatment order; no deportation order is made but warning given for future offences.
Court disposition
Applicant placed on 240 hours community service; no probation, treatment, or deportation order; forfeiture and destruction of drugs ordered.
Orders
- 240 hours community service
- Forfeiture and destruction of drugs
02
Material facts
Amounts and remedies
- Community Service Hours: 240
- Imprisonment Sentence Considered: years 2
03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
Appropriate sentence for drug-related offence
- 02
Consideration of community service versus imprisonment
- 03
Whether probation or treatment order should be made
- 04
Whether deportation order should be made
Party arguments
- Applicant
- Applicant has been free of drugs since January and has made efforts towards rehabilitation.
- Respondent
- Crown moved for a sentence of 2 years' imprisonment based on applicant's record and offence.
05
Court’s reasoning
Legal principles
- 01
AG v Davey [2005]JRC125
Sentencing discretion based on rehabilitation efforts and absence of professional recommendation for probation or treatment order.
- 02
R v Nazari (1980) 3 All ER 880
Community service as an alternative to imprisonment in appropriate cases.
06
Ratio, limits and disposition
Ratio decidendi
The applicant is placed on 240 hours of community service instead of 2 years' imprisonment due to demonstrated rehabilitation and absence of professional recommendation for probation or treatment order; no deportation order is made but warning given for future offences.
Obiter and limits
- If the applicant re-offends, imprisonment and deportation are highly likely regardless of personal relationships.
- Applicant is encouraged to seek help from Drug and Alcohol Service if at risk of relapse.
Court disposition
Applicant placed on 240 hours community service; no probation, treatment, or deportation order; forfeiture and destruction of drugs ordered.
- 240 hours community service
- Forfeiture and destruction of drugs
Source and reliance status
Official court record
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Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
JUDGMENT THE DEPUTY BAILIFF: 1. For what you did and with your record the Crown's conclusions were absolutely right and to be expected, but we are going to give you a chance today. There is only one reason which has caused us to do that. It is the fact that since January you have been free of drugs. We want this to continue and we want to recognise the efforts you have made by giving you a chance.
2. We are going to place you on community service for 240 hours and we state, for the record, that 2 years' imprisonment was the sentence we had in mind, as moved for by the Crown, had we not agreed with the community service.
3. We are not going to make a probation order or a treatment order because the professionals are not recommending that, but you must go to the Drug and Alcohol Service if you feel that you are about to relapse. They are there for you and do not try and do it all on your own if you feel tempted to revert.
4. We are not going to make a deportation order either on this occasion. But I want to explain very clearly to you, if you re-offend then you will go to prison, because you will have thrown away the chance we have given you and you are highly likely to be deported notwithstanding your relationship with Miss Callec and your son. It is down to you, provided you can keep clean of drugs we have confidence you will be all right, but if you revert to drugs and re-offend you will go to prison and you will probably be deported. We hope we do not see you before this Court again. We order the forfeiture and destruction of the drugs. Authorities AG v Davey [2005]JRC125. R v Nazari (1980) 3 All ER 880. Page Last Updated: 14 Jul 2016 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
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