AG -v- Marreakhy [2016] JRC 199A (04 November 2016)

AG -v- Marreakhy [2016] JRC 199A (04 November 2016)

Exceptional familial circumstances, infirmity of the family member, defendant's role as main carer, and pregnancy cumulatively justify departure from the usual custodial policy for this offence.

Citation
[2016] JRC 199A
Parties
Defendant: [Defendant's name not specified]; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
04 November 2016
Procedural Posture
Criminal / Sentencing
Outcome
non-custodial sentence imposed
Legal Topics
Facilitation of Illegal Entry, Sentencing, Exceptional Circumstances, Community Service
Criminal Law Immigration Law Facilitation of Illegal Entry Sentencing Exceptional Circumstances Community Service

Case Brief

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Parties

[Defendant's name not specified]

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the defendant should receive a custodial or non-custodial sentence for facilitating illegal entry
  2. 2 Whether exceptional circumstances exist to justify departure from custodial policy

Ratio Decidendi

Exceptional familial circumstances, infirmity of the family member, defendant's role as main carer, and pregnancy cumulatively justify departure from the usual custodial policy for this offence.

Court Disposition

non-custodial sentence imposed

Orders

  • 312 hours' community service
  • £1,000 costs payable to the Crown