AG v de Sousa [2001] JRC 91 (27 April 2001)

AG v de Sousa [2001] JRC 91 (27 April 2001)

Given the defendant's repeated offending while on bail, failure to respond to non-custodial sentences, and the aggregate seriousness of the offences, a custodial sentence is the only justified outcome.

Citation
[2001] JRC 91
Parties
Defendant: De Sousa; Prosecutor: Miss Fitz
Jurisdiction
Jersey
Judgment Date
27 April 2001
Procedural Posture
Criminal / Sentencing
Outcome
Defendant sentenced to a total of 18 months' youth detention, fines, and driving disqualification.
Legal Topics
Sentencing, Youth Detention, Drug Related Offences, Driving Disqualification
Criminal Law Sentencing Youth Detention Drug Related Offences Driving Disqualification

Case Brief

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Parties

De Sousa

Defendant

Miss Fitz

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether a custodial sentence is justified for repeated offences committed to fund heroin addiction
  2. 2 Appropriateness of non-custodial sentences for a young offender with prior non-custodial sentences

Ratio Decidendi

Given the defendant's repeated offending while on bail, failure to respond to non-custodial sentences, and the aggregate seriousness of the offences, a custodial sentence is the only justified outcome.

Court Disposition

Defendant sentenced to a total of 18 months' youth detention, fines, and driving disqualification.

Orders

  • Count 1: £100 fine or 7 days' youth detention in default
  • Count 2: £300 fine or 7 days' youth detention in default, concurrent