1999/158 - AG v Andrade and da Silva [1999] UR 158 (24 September 1999)

1999/158 - AG v Andrade and da Silva [1999] UR 158 (24 September 1999)

The court found the assault to be at the lower end of the scale due to lack of serious intent to cause injury, and imposed probation with conditions instead of immediate imprisonment, considering the defendants' rehabilitation efforts.

Citation
[1999] UR 158
Parties
Defendant: Andrade; Defendant: da Silva
Jurisdiction
Jersey
Judgment Date
24 September 1999
Procedural Posture
Criminal / Sentencing
Outcome
probation granted
Legal Topics
Assault, Sentencing, Probation, Community Service
Criminal Law Assault Sentencing Probation Community Service

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 8 Party arguments 1 Amounts and remedies 5
Sign in to unlock

Parties

Andrade

Defendant

da Silva

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the assault constituted a serious attempt to cause injury
  2. 2 Appropriate sentence for the offence

Ratio Decidendi

The court found the assault to be at the lower end of the scale due to lack of serious intent to cause injury, and imposed probation with conditions instead of immediate imprisonment, considering the defendants' rehabilitation efforts.

Court Disposition

probation granted

Orders

  • Andrade placed on probation for two years with conditions: live and work as directed by Probation Officer, perform 240 hours community service, attend SMART course, attend Drug and Alcohol Service as required.
  • da Silva placed on probation for two years with conditions: live and work as directed by Probation Officer, perform 240 hours community service, attend aggression control course, attend Drug and Alcohol Service as required.