AG -v- Carvalho [2007] JRC 034 (15 February 2007)

AG -v- Carvalho [2007] JRC 034 (15 February 2007)

Given the seriousness and unrelated nature of the offences, consecutive sentences could have been justified, but applying the totality principle and considering mitigating factors, concurrent sentences totaling 5 years' imprisonment are appropriate. Deportation is recommended due to risk of re-offending and public interest.

Citation
[2007] JRC 034
Parties
Defendant: Carvalho; Prosecution: Crown Advocate
Jurisdiction
Jersey
Judgment Date
15 February 2007
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Indecent Assault, Sentencing, Deportation, Mitigation, Totality Principle
Criminal Law Indecent Assault Sentencing Deportation Mitigation Totality Principle

Case Brief

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Parties

Carvalho

Defendant

Crown Advocate

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for two unrelated incidents of indecent assault
  2. 2 Whether sentences should run concurrently or consecutively
  3. 3 Whether deportation is appropriate after sentence

Ratio Decidendi

Given the seriousness and unrelated nature of the offences, consecutive sentences could have been justified, but applying the totality principle and considering mitigating factors, concurrent sentences totaling 5 years' imprisonment are appropriate. Deportation is recommended due to risk of re-offending and public interest.

Court Disposition

convicted and sentenced

Orders

  • 4 years' imprisonment on Count 1
  • 5 years' imprisonment on Count 2