AG -v- Moreira [2007] JRC 225 (30 November 2007)

AG -v- Moreira [2007] JRC 225 (30 November 2007)

Given the seriousness of the offence, the defendant's extensive criminal record, failed non-custodial sentences, and ongoing drug addiction, a custodial sentence is necessary for punishment and protection of society.

Citation
[2007] JRC 225
Parties
Defendant: Moreira; Prosecutor: Crown Advocate
Jurisdiction
Jersey
Judgment Date
30 November 2007
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Breaking and Entering, Sentencing, Recidivism, Drug Addiction
Criminal Law Breaking and Entering Sentencing Recidivism Drug Addiction

Case Brief

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Parties

Moreira

Defendant

Crown Advocate

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for breaking and entering by a repeat offender with drug addiction
  2. 2 application of non-custodial versus custodial sentences

Ratio Decidendi

Given the seriousness of the offence, the defendant's extensive criminal record, failed non-custodial sentences, and ongoing drug addiction, a custodial sentence is necessary for punishment and protection of society.

Court Disposition

convicted and sentenced

Orders

  • Defendant sentenced to 3 years' imprisonment.
  • Warning issued regarding risk of extended sentence under Criminal Justice (Jersey) Law 1957 for future offences.