Jersey Judgment

AG v Gomes [2019] JRC 148A (26 July 2019)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The court imposed concurrent prison sentences for the offences except for the default imprisonment for non-payment of the fine, which was not served due to sufficient time already served.

Court disposition

conviction and sentencing

Orders

  • 1 month's imprisonment for malicious damage
  • £2,500 fine or 2 months' imprisonment for careless driving
  • 2 weeks' imprisonment for Count 3
  • 2 weeks' imprisonment for Count 4
  • all prison sentences to run concurrently except default imprisonment for fine
  • release of defendant due to time served

02

Material facts

Amounts and remedies

  • Fine for Careless Driving: GBP 2,500

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

05

Court’s reasoning

  1. 01

    court judgment

    Concurrent sentences for related offences; default imprisonment for unpaid fines.

06

Ratio, limits and disposition

Ratio decidendi

The court imposed concurrent prison sentences for the offences except for the default imprisonment for non-payment of the fine, which was not served due to sufficient time already served.

Court disposition

conviction and sentencing

  • 1 month's imprisonment for malicious damage
  • £2,500 fine or 2 months' imprisonment for careless driving
  • 2 weeks' imprisonment for Count 3
  • 2 weeks' imprisonment for Count 4
  • all prison sentences to run concurrently except default imprisonment for fine
  • release of defendant due to time served

Source and reliance status

Official court record

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Judgment text

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Source document

Court record

Judgment

[2019] JRC 148A

JUDGMENT THE BAILIFF: 1. You are sentenced on Count 2 of the First Indictment, malicious damage, to 1 month's imprisonment.

2. In relation to the Second Indictment, the charge of careless driving, you are sentenced to of a fine of £2,500 or 2 month's imprisonment. On Count 3, you are sentenced to 2 weeks' imprisonment. On Count 4 to 2 weeks' imprisonment.

3. All the prison sentences will run currently, but not the prison sentence in default of the fine, which obviously you will not pay but have served sufficient time as I understand it, and the result is that you are released immediately. No Authorities Page Last Updated: 13 Aug 2019 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII

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