AG v Jose Luis Ribeiro [2001] JRC 19 (19 January 2001)

AG v Jose Luis Ribeiro [2001] JRC 19 (19 January 2001)

The fine must include a punitive element beyond the profit earned to ensure deterrence; therefore, the conclusions of the Crown are granted in full.

Citation
[2001] JRC 19
Parties
Defendant: Mr Ribeiro; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
19 January 2001
Procedural Posture
Criminal / Sentencing
Outcome
fine and costs imposed with default imprisonment
Legal Topics
Sentencing, Financial Penalty, Costs, Default Imprisonment
Criminal Law Sentencing Financial Penalty Costs Default Imprisonment

Case Brief

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Parties

Mr Ribeiro

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the fine should reflect only the profit earned or include a punitive element
  2. 2 Appropriate quantum of fine and costs for the offence

Ratio Decidendi

The fine must include a punitive element beyond the profit earned to ensure deterrence; therefore, the conclusions of the Crown are granted in full.

Court Disposition

fine and costs imposed with default imprisonment

Orders

  • Fine of £3,000
  • Costs of £250