AG v Dias [2021] JRC 210 (13 August 2021)

AG v Dias [2021] JRC 210 (13 August 2021)

The seriousness of domestic violence, aggravating factors including intoxication and location, and application of the Comacho deportation test justify imprisonment and recommendation for deportation.

Citation
[2021] JRC 210
Parties
Prosecutor: AG; Defendant: Dias; Complainant: Victim
Jurisdiction
Jersey
Judgment Date
13 August 2021
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Domestic Violence, Common Assault, Deportation, Sentencing

Case Brief

Summary, issues, holding and outcome

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Parties

AG

Prosecutor

Dias

Defendant

Victim

Complainant

Procedural Posture

Criminal / Sentencing

  1. 1 appropriate sentence for domestic common assault
  2. 2 application of deportation test under Comacho v AG

Ratio Decidendi

The seriousness of domestic violence, aggravating factors including intoxication and location, and application of the Comacho deportation test justify imprisonment and recommendation for deportation.

Court Disposition

convicted and sentenced

Orders

  • 9 months imprisonment for common assault
  • recommendation for deportation