Gomes v AG 13-Aug-2019 [2019] JRC 157 (13 August 2019)

Gomes v AG 13-Aug-2019 [2019] JRC 157 (13 August 2019)

Deportation would not be proportionate given the appellant's long residence, strong roots, positive contributions, low risk of re-offending, and close family ties in Jersey, despite the gravity of the offending.

Citation
[2019] JRC 157
Parties
Appellant: Appellant; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
13 August 2019
Procedural Posture
Criminal Appeal / Appeal Against Deportation Recommendation
Outcome
appeal allowed
Legal Topics
Deportation, Article 8 ECHR, Larceny, Breach of Trust
Criminal Law Human Rights Law Deportation Article 8 ECHR Larceny Breach of Trust

Case Brief

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Parties

Appellant

Appellant

Attorney General

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Deportation Recommendation

Legal Issues

  1. 1 Whether the recommendation for deportation was proportionate under Article 8 ECHR
  2. 2 Whether the appellant's continued presence in Jersey is detrimental to the public good

Ratio Decidendi

Deportation would not be proportionate given the appellant's long residence, strong roots, positive contributions, low risk of re-offending, and close family ties in Jersey, despite the gravity of the offending.

Court Disposition

appeal allowed

Orders

  • recommendation for deportation set aside