AG v Correia [2024] JRC 237 (08 November 2024)

AG v Correia [2024] JRC 237 (08 November 2024)

Given the defendant's sustained abusive behaviour over 8 months, the presence of a child during incidents, lack of remorse, refusal to cooperate with probation, and medium risk of reoffending, a custodial sentence of 15 months is appropriate. Non-custodial options are unavailable due to the defendant's non-cooperation and lack of acceptance of wrongdoing.

Citation
[2024] JRC 237
Parties
Defendant: Andre Correia; Prosecution: The Crown; Complainant: [the Complainant]
Jurisdiction
Jersey
Judgment Date
08 November 2024
Procedural Posture
Criminal / Sentencing After Conviction at Trial
Outcome
Convicted and sentenced to 15 months' imprisonment.
Legal Topics
Domestic Abuse, Sentencing, Coercive and Controlling Behaviour
Criminal Law Domestic Abuse Sentencing Coercive and Controlling Behaviour

Case Brief

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Parties

Andre Correia

Defendant

The Crown

Prosecution

[the Complainant]

Complainant

Procedural Posture

Criminal / Sentencing After Conviction at Trial

Legal Issues

  1. 1 Appropriate sentence for domestic abuse under Article 3 of the Domestic Abuse (Jersey) Law 2022
  2. 2 Application of aggravating and mitigating factors in sentencing for domestic abuse
  3. 3 Interpretation and purpose of the Domestic Abuse (Jersey) Law 2022

Ratio Decidendi

Given the defendant's sustained abusive behaviour over 8 months, the presence of a child during incidents, lack of remorse, refusal to cooperate with probation, and medium risk of reoffending, a custodial sentence of 15 months is appropriate. Non-custodial options are unavailable due to the defendant's non-cooperation and lack of acceptance of wrongdoing.

Court Disposition

Convicted and sentenced to 15 months' imprisonment.

Orders

  • 15 months' imprisonment
  • Domestic Abuse Protection Order for 5 years