AG -v- Moreira [2005] JRC 167 (02 December 2005)

AG -v- Moreira [2005] JRC 167 (02 December 2005)

Given the detailed probation report and the defendant's expressed willingness to reform, the court imposes a community service order and probation as a final opportunity for rehabilitation, warning that failure will result in imprisonment.

Citation
[2005] JRC 167
Parties
Defendant: Moreira; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
02 December 2005
Procedural Posture
Criminal / Sentencing
Outcome
community service and probation granted in lieu of immediate imprisonment
Legal Topics
Sentencing, Drug Offences, Community Service, Probation
Criminal Law Sentencing Drug Offences Community Service Probation

Case Brief

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Parties

Moreira

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for drug-related burglary and associated offences
  2. 2 Consideration of rehabilitation versus imprisonment

Ratio Decidendi

Given the detailed probation report and the defendant's expressed willingness to reform, the court imposes a community service order and probation as a final opportunity for rehabilitation, warning that failure will result in imprisonment.

Court Disposition

community service and probation granted in lieu of immediate imprisonment

Orders

  • 240 hours community service
  • two years probation in accordance with the probation report