AG -v- Fernandes and Mendes [2008] JRC 066 (25 April 2008)

AG -v- Fernandes and Mendes [2008] JRC 066 (25 April 2008)

Given the seriousness and multiplicity of offences, custodial sentences are necessary and proportionate, and deportation is justified and proportionate under Article 8 ECHR due to high risk of re-offending and limited family ties in Jersey.

Citation
[2008] JRC 066
Parties
Defendant: Fernandes; Defendant: Mendes
Jurisdiction
Jersey
Judgment Date
25 April 2008
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Larceny, Breaking and Entering, Malicious Damage, Illegal Entry, Deportation, Youth Detention, Bail Offences
Criminal Law Immigration Law Larceny Breaking and Entering Malicious Damage Illegal Entry Deportation Youth Detention +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Fernandes

Defendant

Mendes

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriateness of custodial sentences for multiple offences including larceny, breaking and entering, and malicious damage
  2. 2 Proportionality and justification for deportation recommendations under Article 8 ECHR
  3. 3 Application of youth detention under Criminal Justice (Young Offenders) (Jersey) Law 1994

Ratio Decidendi

Given the seriousness and multiplicity of offences, custodial sentences are necessary and proportionate, and deportation is justified and proportionate under Article 8 ECHR due to high risk of re-offending and limited family ties in Jersey.

Court Disposition

convicted and sentenced

Orders

  • Fernandes: 18 months' imprisonment (concurrent sentences on all counts)
  • Fernandes: recommendation for deportation