AG v Aires and De Oliveira [2023] JRC 090 (09 June 2023)

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

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Parties

Mr Aires

Defendant

Mr Oliveira

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Sentencing Judgment

  1. 1 Whether the defendants breached conditions of their firearms certificates
  2. 2 Whether the defendants unlawfully possessed and transported firearms and ammunition
  3. 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.