AG -v- Mendonca and Moreira 28-Apr-2006 [2006] JRC 066 (28 April 2006)

AG -v- Mendonca and Moreira 28-Apr-2006 [2006] JRC 066 (28 April 2006)

Given the seriousness of the violent assault, especially kicking to the head, and the violent resistance to arrest, substantial consecutive prison sentences are warranted for Mendonça. His continued presence is detrimental, and deportation is not disproportionate. For Moreira, breach of the peace and breach of probation justify custodial sentences, especially given the breach occurred days after being placed on probation.

Citation
[2006] JRC 066
Parties
Defendant: Mendonça; Defendant: Moreira
Jurisdiction
Jersey
Judgment Date
28 April 2006
Procedural Posture
Criminal / Sentencing
Outcome
conviction and custodial sentence for both defendants; recommendation for deportation of Mendonça
Legal Topics
Assault, Resisting Arrest, Breach of the Peace, Sentencing, Deportation
Criminal Law Assault Resisting Arrest Breach of the Peace Sentencing Deportation

Case Brief

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Parties

Mendonça

Defendant

Moreira

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for violent assault including kicking to the head
  2. 2 Appropriate sentence for resisting arrest with violence
  3. 3 Whether deportation is justified for Mendonça

Ratio Decidendi

Given the seriousness of the violent assault, especially kicking to the head, and the violent resistance to arrest, substantial consecutive prison sentences are warranted for Mendonça. His continued presence is detrimental, and deportation is not disproportionate. For Moreira, breach of the peace and breach of probation justify custodial sentences, especially given the breach occurred days after being placed on probation.

Court Disposition

conviction and custodial sentence for both defendants; recommendation for deportation of Mendonça

Orders

  • Mendonça sentenced to 22 months and 3 weeks' imprisonment (1 week for Count 1, 2 weeks for Count 2, 4 months for Count 4, 18 months for Count 5, consecutive)
  • Recommendation for deportation of Mendonça