AG -v- Gouveia [2013] JRC 132 (28 June 2013)

AG -v- Gouveia [2013] JRC 132 (28 June 2013)

Breaking and entering is a serious offence regardless of motivation; deterrent sentence is necessary. Mitigation considered but does not outweigh seriousness. Sentencing follows established guidance.

Citation
[2013] JRC 132
Parties
Defendant: Defendant; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
28 June 2013
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Breaking and Entering, Malicious Damage, Sentencing, Mitigation, Probation Breach
Criminal Law Breaking and Entering Malicious Damage Sentencing Mitigation Probation Breach

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Parties

Defendant

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for breaking and entering and malicious damage
  2. 2 Effect of defendant's motivation and prior record on sentencing
  3. 3 Mitigating factors in sentencing

Ratio Decidendi

Breaking and entering is a serious offence regardless of motivation; deterrent sentence is necessary. Mitigation considered but does not outweigh seriousness. Sentencing follows established guidance.

Court Disposition

convicted and sentenced

Orders

  • 3 months' imprisonment for malicious damage (Count 1)
  • 2 years' imprisonment for breaking and entering (Count 2), concurrent