AG v R de Jesus [2002] JRC 41 (15 February 2002)

AG v R de Jesus [2002] JRC 41 (15 February 2002)

Carrying a knife in public for self-protection is an aggravating factor, and the seriousness of the assault justifies a custodial sentence and deportation, as it is in the interests of the community and not disproportionate to the accused or his family.

Citation
[2002] JRC 41
Parties
Accused: De Jesus; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
15 February 2002
Procedural Posture
Criminal / Sentencing Judgment
Outcome
convicted and sentenced
Legal Topics
Knife Crime, Self Defence, Deportation, Sentencing, Mitigating Factors
Criminal Law Immigration Law Knife Crime Self Defence Deportation Sentencing Mitigating Factors

Case Brief

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Parties

De Jesus

Accused

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Whether carrying a knife for self-protection is acceptable
  2. 2 Appropriate sentence for grave and criminal assault involving a knife
  3. 3 Whether deportation is justified and proportionate

Ratio Decidendi

Carrying a knife in public for self-protection is an aggravating factor, and the seriousness of the assault justifies a custodial sentence and deportation, as it is in the interests of the community and not disproportionate to the accused or his family.

Court Disposition

convicted and sentenced

Orders

  • Three years' imprisonment on count 1
  • Two months' imprisonment on count 2, concurrent