AG -v- Da Cunha [2012] JRC 118 (15 June 2012)

AG -v- Da Cunha [2012] JRC 118 (15 June 2012)

Custodial sentence is justified due to the seriousness of the offences, distress caused to the victim, and aggravating factors. Mitigating factors warrant concurrent sentences and reduced duration. Recommendation for deportation is appropriate due to detrimental presence and absence of competing Article 8 Convention rights.

Citation
[2012] JRC 118
Parties
Defendant: Mr Da Cunha; Prosecutor: The Crown
Jurisdiction
Jersey
Judgment Date
15 June 2012
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Larceny, Illegal Entry, Deportation Recommendation
Criminal Law Larceny Illegal Entry Deportation Recommendation

Case Brief

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Parties

Mr Da Cunha

Defendant

The Crown

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for larceny with illegal entry
  2. 2 Whether offences should be treated concurrently
  3. 3 Recommendation for deportation

Ratio Decidendi

Custodial sentence is justified due to the seriousness of the offences, distress caused to the victim, and aggravating factors. Mitigating factors warrant concurrent sentences and reduced duration. Recommendation for deportation is appropriate due to detrimental presence and absence of competing Article 8 Convention rights.

Court Disposition

convicted and sentenced

Orders

  • 2 years' imprisonment on Count 1
  • 6 months' imprisonment on Count 2, to run concurrently