AG v De Sousa [2019] JRC 147 (26 July 2019)

AG v De Sousa [2019] JRC 147 (26 July 2019)

The court determined that although the defendant deserved an 18-month custodial sentence for the serious breach of trust and violation of the victim's home, an act of mercy was justified due to the defendant's exceptional family circumstances, resulting in a community service order and compensation instead of imprisonment.

Citation
[2019] JRC 147
Parties
Defendant: [Defendant Name Not Provided]; Prosecution: The Crown
Jurisdiction
Jersey
Judgment Date
26 July 2019
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Burglary, Theft, Sentencing, Compensation Orders
Criminal Law Burglary Theft Sentencing Compensation Orders

Case Brief

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Parties

[Defendant Name Not Provided]

Defendant

The Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for theft by illegal entry
  2. 2 Consideration of mitigating circumstances in sentencing
  3. 3 Application of compensation orders

Ratio Decidendi

The court determined that although the defendant deserved an 18-month custodial sentence for the serious breach of trust and violation of the victim's home, an act of mercy was justified due to the defendant's exceptional family circumstances, resulting in a community service order and compensation instead of imprisonment.

Court Disposition

convicted and sentenced

Orders

  • 240 hours' Community Service
  • Compensation order of £1,600 payable at £100 per month over 16 months