AG v Catanho Caires and De Matos [2002] JRC 91 (02 May 2002)

AG v Catanho Caires and De Matos [2002] JRC 91 (02 May 2002)

The seriousness and totality of the offences committed by each defendant, combined with their previous records and failure to respond to probation, justified custodial sentences. Deportation was recommended for two defendants due to detriment to the community, but not for the third due to strong personal connections to the Island.

Citation
[2002] JRC 91
Parties
Defendant: Mr. Catanho; Defendant: Mr Caires; Defendant: De Matos
Jurisdiction
Jersey
Judgment Date
02 May 2002
Procedural Posture
Criminal / Sentencing Judgment
Outcome
custodial sentences imposed; deportation recommended for two defendants; forfeiture and destruction of drugs ordered if applicable
Legal Topics
Breaking and Entry, Possession of Cannabis, Breach of the Peace, Larceny, Illegal Entry, Malicious Damage, Indecent Assault, Grave and Criminal Assault, Assault, Deportation, Sentencing
Criminal Law Breaking and Entry Possession of Cannabis Breach of the Peace Larceny Illegal Entry Malicious Damage Indecent Assault +4 more

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Parties

Mr. Catanho

Defendant

Mr Caires

Defendant

De Matos

Defendant

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Appropriate sentence for multiple offences including breaking and entry, drug possession, assault, and related crimes
  2. 2 Whether non-custodial sentences are justified given mitigation
  3. 3 Whether deportation should be recommended for foreign defendants

Ratio Decidendi

The seriousness and totality of the offences committed by each defendant, combined with their previous records and failure to respond to probation, justified custodial sentences. Deportation was recommended for two defendants due to detriment to the community, but not for the third due to strong personal connections to the Island.

Court Disposition

custodial sentences imposed; deportation recommended for two defendants; forfeiture and destruction of drugs ordered if applicable

Orders

  • Mr. Catanho: 18 months' imprisonment, concurrent sentences; recommendation for deportation
  • Mr Caires: 21 months' youth detention, partly consecutive; recommendation for deportation