AG v De Sousa [2003] JRC 196 (31 October 2003)

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

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Parties

Attorney General

Prosecutor

[Defendant Name Not Provided]

Defendant

Procedural Posture

Criminal / Sentencing and Deportation Recommendation

  1. 1 Appropriate sentence for repeat breaking and entering offences committed to fund drug addiction
  2. 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