AG v Falle [2019] JRC 062 (04 April 2019)

Material sentence of imprisonment is inevitable due to seriousness, aggravating factors, and high risk of reoffending; mitigation reduces sentence but does not avoid imprisonment.

Citation: [2019] JRC 062
Parties: Prosecutor: The Crown; Accused: Defendant
Jurisdiction: Jersey
Judgment Date: 04 April 2019
Procedural Posture: Criminal / Sentencing
Outcome: convicted and sentenced
Legal Topics: Illegal Entry, Larceny, Sentencing, Aggravating and Mitigating Factors

Criminal Law Illegal Entry Larceny Sentencing Aggravating and Mitigating Factors

Case Brief

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 7 Party arguments 2 Amounts and remedies 1

Parties

The Crown

Prosecutor

Defendant

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

1 appropriate sentence for multiple counts of illegal entry and larceny
2 effect of aggravating and mitigating factors on sentencing

Ratio Decidendi

Material sentence of imprisonment is inevitable due to seriousness, aggravating factors, and high risk of reoffending; mitigation reduces sentence but does not avoid imprisonment.

Court Disposition

convicted and sentenced

Orders

Count 1 First Indictment: 4 years' imprisonment
Count 1 Second Indictment: 3 years' imprisonment