AG v de Sousa [2005] JRC 041 (08 April 2005)

AG v de Sousa [2005] JRC 041 (08 April 2005)

The defendant's persistent and serious criminal conduct, high risk of re-offending, and lack of rehabilitation outweigh the potential impact on his family's rights; thus, concurrent custodial sentences are imposed and deportation is recommended.

Citation
[2005] JRC 041
Parties
Defendant: De Sousa; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
08 April 2005
Procedural Posture
Criminal / Sentencing and Deportation Recommendation
Outcome
convicted and sentenced to concurrent terms of imprisonment; deportation recommended
Legal Topics
Burglary, Larceny, Deportation, Family Life, Human Rights, Sentencing
Criminal Law Immigration Law Human Rights Law Burglary Larceny Deportation Family Life Human Rights +1 more

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Parties

De Sousa

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing and Deportation Recommendation

Legal Issues

  1. 1 Whether the defendant should be sentenced to imprisonment for multiple counts of burglary and related offences
  2. 2 Whether the defendant should be recommended for deportation from Jersey in light of his criminal record and family circumstances

Ratio Decidendi

The defendant's persistent and serious criminal conduct, high risk of re-offending, and lack of rehabilitation outweigh the potential impact on his family's rights; thus, concurrent custodial sentences are imposed and deportation is recommended.

Court Disposition

convicted and sentenced to concurrent terms of imprisonment; deportation recommended

Orders

  • Two weeks' imprisonment on count one
  • Two years' imprisonment on counts three to seven