AG v Dias [2017] JRC 114 (21 July 2017)

AG v Dias [2017] JRC 114 (21 July 2017)

The offence was at the bottom of the scale for perverting the course of justice, with no threats or significant pressure, and the defendant had already served sufficient time in custody. The test for recommending deportation was not met given the circumstances.

Citation
[2017] JRC 114
Parties
Defendant: Mr Dias; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
21 July 2017
Procedural Posture
Criminal / Sentencing After Jury Conviction
Outcome
Convicted and sentenced; no deportation recommendation made
Legal Topics
Incitement to Pervert the Course of Justice, Drug Offences, Deportation
Criminal Law Incitement to Pervert the Course of Justice Drug Offences Deportation

Case Brief

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Parties

Mr Dias

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Sentencing After Jury Conviction

Legal Issues

  1. 1 Appropriate sentence for incitement to pervert the course of justice
  2. 2 Appropriate sentence for drug offences
  3. 3 Whether to recommend deportation

Ratio Decidendi

The offence was at the bottom of the scale for perverting the course of justice, with no threats or significant pressure, and the defendant had already served sufficient time in custody. The test for recommending deportation was not met given the circumstances.

Court Disposition

Convicted and sentenced; no deportation recommendation made

Orders

  • 6 months' imprisonment for incitement to pervert the course of justice
  • 1 week's imprisonment for each drugs offence, concurrent with each other and consecutive to main count