AG v Horatio Andrade [2001] JRC 20 (19 January 2001)

AG v Horatio Andrade [2001] JRC 20 (19 January 2001)

The defendant's demonstrated rehabilitation and positive transformation, evidenced by employment and employer reference, constitute exceptional circumstances warranting a non-custodial sentence despite the seriousness and number of offences.

Citation
[2001] JRC 20
Parties
Defendant: Andrade; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
19 January 2001
Procedural Posture
Criminal / Sentencing
Outcome
non-custodial sentence imposed
Legal Topics
Youth Detention, Motoring Offences, Cheque Fraud, Sentencing, Compensation Orders
Criminal Law Youth Detention Motoring Offences Cheque Fraud Sentencing Compensation Orders

Case Brief

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Parties

Andrade

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for multiple offences including cheque fraud and motoring offences
  2. 2 Consideration of exceptional circumstances in sentencing
  3. 3 Calculation and imposition of compensation orders

Ratio Decidendi

The defendant's demonstrated rehabilitation and positive transformation, evidenced by employment and employer reference, constitute exceptional circumstances warranting a non-custodial sentence despite the seriousness and number of offences.

Court Disposition

non-custodial sentence imposed

Orders

  • Fine of £75 on each of counts 1, 2, and 3 with 2 weeks' imprisonment in default, consecutive
  • Disqualification from driving for 6 months