AG v Goncalves [2020] JRC 108 (05 June 2020)

AG v Goncalves [2020] JRC 108 (05 June 2020)

The defendant's offences were serious, particularly perverting the course of justice and offending on bail, but given time spent on remand, family circumstances, and the Social Enquiry Report, a lengthy community service sentence and probation were imposed instead of immediate custody. A restraining order was granted for Victim 1, but deportation was refused due to Article 8 ECHR rights.

Citation
[2020] JRC 108
Parties
Defendant: Defendant; Victim: Victim 1; Victim: Victim 2; Victim: Victim 3; Prosecutor: Crown
Jurisdiction
Jersey
Judgment Date
05 June 2020
Procedural Posture
Criminal / Sentencing Judgment
Outcome
convicted and sentenced
Legal Topics
Assault, Perverting the Course of Justice, Disorderly Conduct, Harassment, Breach of Bail, Restraining Order, Deportation, Compensation
Criminal Law Assault Perverting the Course of Justice Disorderly Conduct Harassment Breach of Bail Restraining Order Deportation +1 more

Case Brief

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Parties

Defendant

Defendant

Victim 1

Victim

Victim 2

Victim

Victim 3

Victim

Crown

Prosecutor

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Whether the defendant should receive a custodial or non-custodial sentence for assault and perverting the course of justice
  2. 2 Whether a restraining order and compensation should be imposed
  3. 3 Whether deportation is appropriate given Article 8 ECHR rights

Ratio Decidendi

The defendant's offences were serious, particularly perverting the course of justice and offending on bail, but given time spent on remand, family circumstances, and the Social Enquiry Report, a lengthy community service sentence and probation were imposed instead of immediate custody. A restraining order was granted for Victim 1, but deportation was refused due to Article 8 ECHR rights.

Court Disposition

convicted and sentenced

Orders

  • 50 hours' Community Service for Counts 1, 2, and 3
  • 200 hours' Community Service for Counts 4 and 5