AG v De Sousa and LCM [2004] JRC 012 (16 January 2004)

AG v De Sousa and LCM [2004] JRC 012 (16 January 2004)

Custodial sentences are required for persistent offending, especially where statutory minimums apply, and mitigating factors do not justify departure from mandatory disqualification periods.

Citation
[2004] JRC 012
Parties
Defendant: De Sousa; Defendant: L. C. M.; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
16 January 2004
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Sentencing, Theft, Breaking and Entering, Motoring Offences, Youth Detention, Disqualification From Driving
Criminal Law Sentencing Theft Breaking and Entering Motoring Offences Youth Detention Disqualification From Driving

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

De Sousa

Defendant

L. C. M.

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for multiple offences including obtaining goods by deception, breaking and entering, and motoring offences
  2. 2 Mandatory disqualification periods for repeat motoring offences
  3. 3 Consideration of mitigating factors in sentencing

Ratio Decidendi

Custodial sentences are required for persistent offending, especially where statutory minimums apply, and mitigating factors do not justify departure from mandatory disqualification periods.

Court Disposition

convicted and sentenced

Orders

  • De Sousa: total of two years' imprisonment, fines of £300 or three weeks in default, disqualification from driving for periods ranging from two to three years on relevant counts.
  • L. C. M.: twelve months' Youth Detention, disqualification from driving for 18 months on relevant counts, Probation Order discharged, no Compensation Order made.