AG v De Sousa [2003] JRC 196 (31 October 2003)
Given the defendant's persistent offending despite repeated warnings, high risk of re-offending, and detrimental impact on the community, the interests of the community outweigh the hardship to the defendant and his family, justifying both imprisonment and a recommendation for deportation.
- Citation
- [2003] JRC 196
- Parties
- Prosecutor: Attorney General; Defendant: [Defendant Name Not Provided]
- Jurisdiction
- Jersey
- Judgment Date
- 31 October 2003
- Procedural Posture
- Criminal / Sentencing and Deportation Recommendation
- Outcome
- convicted and sentenced to imprisonment with recommendation for deportation
- Legal Topics
- Breaking and Entering, Going Equipped, Sentencing, Deportation, Article 8 ECHR, Drug Offences
Case Brief
Summary, issues, holding and outcome
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Parties
Attorney General
Prosecutor
[Defendant Name Not Provided]
Defendant
Procedural Posture
Criminal / Sentencing and Deportation Recommendation
Legal Issues
- 1 Appropriate sentence for repeat breaking and entering offences committed to fund drug addiction
- 2 Whether deportation is justified in light of Article 8 ECHR and family circumstances
Ratio Decidendi
Given the defendant's persistent offending despite repeated warnings, high risk of re-offending, and detrimental impact on the community, the interests of the community outweigh the hardship to the defendant and his family, justifying both imprisonment and a recommendation for deportation.
Court Disposition
convicted and sentenced to imprisonment with recommendation for deportation
Orders
- 15 months' imprisonment
- recommendation for deportation
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