AG -v- Pietrzyk and Lipski [2011] JRC 200 (07 October 2011)

AG -v- Pietrzyk and Lipski [2011] JRC 200 (07 October 2011)

Custodial sentences are justified due to the seriousness of illegal entry and larceny, with aggravating distress to victims; deportation is recommended as continued presence is detrimental and not disproportionate under ECHR.

Citation
[2011] JRC 200
Parties
Defendant: Mr Lipski; Defendant: Mr Pietrzyk; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
07 October 2011
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Burglary, Larceny, Deportation, Sentencing

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Lipski

Defendant

Mr Pietrzyk

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Sentencing

  1. 1 illegal entry into domestic premises
  2. 2 larceny of goods
  3. 3 deportation recommendation

Ratio Decidendi

Custodial sentences are justified due to the seriousness of illegal entry and larceny, with aggravating distress to victims; deportation is recommended as continued presence is detrimental and not disproportionate under ECHR.

Court Disposition

convicted and sentenced

Orders

  • Mr Lipski sentenced to 3 years' imprisonment, counts to run concurrently.
  • Mr Pietrzyk sentenced to 2.5 years' imprisonment, counts to run concurrently.