AG -v- Silva [2015] JRC 153 (06 July 2015)

AG -v- Silva [2015] JRC 153 (06 July 2015)

The defendant committed an unprovoked violent assault involving kicking to the head, with no exceptional circumstances to avoid imprisonment; deportation is recommended as continued presence is detrimental to public good and family ties to Jersey are minimal.

Citation
[2015] JRC 153
Parties
Defendant: Defendant; Prosecutor: Crown
Jurisdiction
Jersey
Judgment Date
06 July 2015
Procedural Posture
Criminal / Sentencing
Outcome
convicted
Legal Topics
Assault, Deportation, Sentencing
Criminal Law Assault Deportation Sentencing

Case Brief

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Parties

Defendant

Defendant

Crown

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the defendant should be sentenced to imprisonment for assault
  2. 2 Whether deportation should be recommended

Ratio Decidendi

The defendant committed an unprovoked violent assault involving kicking to the head, with no exceptional circumstances to avoid imprisonment; deportation is recommended as continued presence is detrimental to public good and family ties to Jersey are minimal.

Court Disposition

convicted

Orders

  • 18 months' imprisonment
  • recommendation for deportation at end of sentence