AG v Moreira [2003] JRC 083A (16 May 2003)

AG v Moreira [2003] JRC 083A (16 May 2003)

Given the defendant's multiple offences, previous convictions, lack of rehabilitation, and the use of a weapon, a custodial sentence of 3 years for the burglaries plus an additional 3 months for the knife offence is appropriate.

Citation
[2003] JRC 083A
Parties
Prosecutor: Attorney General; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
16 May 2003
Procedural Posture
Criminal / Sentencing Judgment
Outcome
custodial sentence imposed
Legal Topics
Burglary, Breaking and Entering, Possession of Offensive Weapon, Sentencing
Criminal Law Burglary Breaking and Entering Possession of Offensive Weapon Sentencing

Case Brief

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Parties

Attorney General

Prosecutor

Defendant

Defendant

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Appropriate sentence for multiple burglaries of unoccupied residential and commercial properties
  2. 2 Impact of use of a weapon during commission of offence
  3. 3 Consideration of defendant's health and addiction issues in sentencing

Ratio Decidendi

Given the defendant's multiple offences, previous convictions, lack of rehabilitation, and the use of a weapon, a custodial sentence of 3 years for the burglaries plus an additional 3 months for the knife offence is appropriate.

Court Disposition

custodial sentence imposed

Orders

  • Defendant sentenced to 3 years for burglary and dishonesty offences, with an additional consecutive 3 months for the knife offence, totaling 3 years 3 months.
  • Forfeiture of the knife ordered.