1998/85 - AG v Gracia and Gracia [1998] UR 85 (24 April 1998)

1998/85 - AG v Gracia and Gracia [1998] UR 85 (24 April 1998)

Despite the seriousness of the offence and the defendants' positions, the court found exceptional circumstances based on their backgrounds and psychiatric reports, justifying probation and community service instead of imprisonment.

Citation
[1998] UR 85
Parties
Defendant: Belinda Gracia; Defendant: Neil Gracia; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
24 April 1998
Procedural Posture
Criminal / Sentencing
Outcome
non-custodial sentences imposed with fines and probation
Legal Topics
Attempting to Pervert the Course of Justice, Forgery, Larceny, Driving Without Due Care and Attention, Breach of Binding Over Order
Criminal Law Attempting to Pervert the Course of Justice Forgery Larceny Driving Without Due Care and Attention Breach of Binding Over Order

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Parties

Belinda Gracia

Defendant

Neil Gracia

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for attempting to pervert the course of justice by a serving police officer
  2. 2 Whether exceptional circumstances exist to avoid custodial sentence
  3. 3 Sentencing for larceny and driving offences

Ratio Decidendi

Despite the seriousness of the offence and the defendants' positions, the court found exceptional circumstances based on their backgrounds and psychiatric reports, justifying probation and community service instead of imprisonment.

Court Disposition

non-custodial sentences imposed with fines and probation

Orders

  • Belinda Gracia and Neil Gracia each sentenced to 2 years probation and 140 hours community service to be completed within 12 months for attempting to pervert the course of justice.
  • Neil Gracia fined £250 or 1 week Youth Detention in default for driving without due care and attention, licence endorsed.