AG v Aires and De Oliveira [2023] JRC 090 (09 June 2023)
The defendants flagrantly breached statutory and licence conditions regarding the secure storage and transport of firearms and ammunition, creating a significant risk to public safety. Their conduct justified forfeiture of firearms, revocation of licences, and custodial sentences, suspended due to mitigation.
- Citation
- [2023] JRC 090
- Parties
- Defendant: Mr Aires; Defendant: Mr Oliveira; Prosecution: Crown
- Jurisdiction
- Jersey
- Judgment Date
- 09 June 2023
- Procedural Posture
- Criminal / Sentencing Judgment
- Outcome
- Convicted; custodial sentences imposed and suspended; firearms and licences forfeited and revoked; costs ordered.
- Legal Topics
- Firearms Offences, Licence Revocation, Sentencing, Public Safety
Case Brief
Summary, issues, holding and outcome
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Parties
Mr Aires
Defendant
Mr Oliveira
Defendant
Crown
Prosecution
Procedural Posture
Criminal / Sentencing Judgment
Legal Issues
- 1 Whether the defendants breached conditions of their firearms certificates
- 2 Whether the defendants unlawfully possessed and transported firearms and ammunition
- 3 Appropriate sentence for the offences committed
Ratio Decidendi
The defendants flagrantly breached statutory and licence conditions regarding the secure storage and transport of firearms and ammunition, creating a significant risk to public safety. Their conduct justified forfeiture of firearms, revocation of licences, and custodial sentences, suspended due to mitigation.
Court Disposition
Convicted; custodial sentences imposed and suspended; firearms and licences forfeited and revoked; costs ordered.
Orders
- Forfeiture of all firearms and ammunition seized by police.
- Revocation and cancellation of firearms certificates.
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