AG v de Sousa [2001] JRC 69 (23 March 2001)

AG v de Sousa [2001] JRC 69 (23 March 2001)

The seriousness of the assault, the defendant's repeated failure to comply with probation, and his criminal record necessitate a custodial sentence, but his youth and personal circumstances justify a reduced term and no recommendation for deportation at this stage.

Citation
[2001] JRC 69
Parties
Defendant: [Defendant Name Not Provided]; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
23 March 2001
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Assault, Youth Detention, Deportation, Probation Breach
Criminal Law Immigration Law Assault Youth Detention Deportation Probation Breach

Case Brief

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Parties

[Defendant Name Not Provided]

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for serious assault by youth offender
  2. 2 Whether to recommend deportation after repeated offending

Ratio Decidendi

The seriousness of the assault, the defendant's repeated failure to comply with probation, and his criminal record necessitate a custodial sentence, but his youth and personal circumstances justify a reduced term and no recommendation for deportation at this stage.

Court Disposition

convicted and sentenced

Orders

  • 2 years' youth detention on count 1
  • 2 months' youth detention on count 2, concurrent