Coelho v AG 16-Oct-2020 [2020] JRC 216 (16 October 2020)

Coelho v AG 16-Oct-2020 [2020] JRC 216 (16 October 2020)

The appeal was dismissed because the sentencing court applied the correct factual basis, the sentence of two years' imprisonment was within the appropriate range given aggravating factors including use of a knife and prior domestic violence, and the deportation order was proportionate as the Appellant had no dependents in Jersey and his Article 8 rights were not unduly infringed.

Citation
[2020] JRC 216
Parties
Respondent: AG; Appellant: Coelho
Jurisdiction
Jersey
Judgment Date
16 October 2020
Procedural Posture
Criminal Appeal / Appeal Against Sentence and Deportation Order
Outcome
Appeal dismissed
Legal Topics
Sentencing, Deportation, Domestic Violence, Grave and Criminal Assault
Criminal Law Sentencing Deportation Domestic Violence Grave and Criminal Assault

Case Brief

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Parties

AG

Respondent

Coelho

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence and Deportation Order

Legal Issues

  1. 1 Whether the Appellant was sentenced on the wrong basis
  2. 2 Whether the sentence imposed was manifestly excessive
  3. 3 Whether the decision to deport the Appellant was wrong

Ratio Decidendi

The appeal was dismissed because the sentencing court applied the correct factual basis, the sentence of two years' imprisonment was within the appropriate range given aggravating factors including use of a knife and prior domestic violence, and the deportation order was proportionate as the Appellant had no dependents in Jersey and his Article 8 rights were not unduly infringed.

Court Disposition

Appeal dismissed

Orders

  • Two years' imprisonment upheld
  • Five-year restraining order upheld