AG -v- Rodriques [2007] JRC 067 (16 March 2007)

AG -v- Rodriques [2007] JRC 067 (16 March 2007)

Custodial sentences are required for offences of this kind, but mitigation justifies a reduction to 15 months imprisonment. The Defendant's presence in Jersey is to the Island's detriment and no innocent persons will be affected by deportation, so deportation is recommended.

Citation
[2007] JRC 067
Parties
Defendant: Defendant; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
16 March 2007
Procedural Posture
Criminal / Sentencing Judgment
Outcome
convicted and sentenced to 15 months imprisonment; recommendation for deportation at end of sentence
Legal Topics
Breaking and Entry, Larceny, Attempted Breaking and Entry, Carrying Offensive Weapon, Sentencing, Deportation
Criminal Law Breaking and Entry Larceny Attempted Breaking and Entry Carrying Offensive Weapon Sentencing Deportation

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Parties

Defendant

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Appropriate sentence for multiple counts of breaking and entry, larceny, attempted breaking and entry, and carrying an offensive weapon
  2. 2 Whether deportation is warranted following conviction

Ratio Decidendi

Custodial sentences are required for offences of this kind, but mitigation justifies a reduction to 15 months imprisonment. The Defendant's presence in Jersey is to the Island's detriment and no innocent persons will be affected by deportation, so deportation is recommended.

Court Disposition

convicted and sentenced to 15 months imprisonment; recommendation for deportation at end of sentence

Orders

  • 15 months imprisonment on Counts 1, 2, 3, 6, and 9
  • 9 months imprisonment on Counts 5 and 8, concurrent