AG v Simao [2004] JRC 021 (03 February 2004)

AG v Simao [2004] JRC 021 (03 February 2004)

The Court found that the defendant's continued presence would be detrimental to the Island due to the seriousness of his offences and moderate risk of re-offending, and that deportation would not be disproportionate given his limited ties to the Island and personal circumstances.

Citation
[2004] JRC 021
Parties
Defendant: Mr Simao
Jurisdiction
Jersey
Judgment Date
03 February 2004
Procedural Posture
Criminal / Post Sentencing; Deportation Consideration
Outcome
recommendation for deportation
Legal Topics
Deportation, Criminal Assault, False Imprisonment, Mental Health and Criminal Responsibility, European Convention on Human Rights
Criminal Law Immigration Law Human Rights Law Deportation Criminal Assault False Imprisonment Mental Health and Criminal Responsibility European Convention on Human Rights

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Parties

Mr Simao

Defendant

Procedural Posture

Criminal / Post Sentencing; Deportation Consideration

Legal Issues

  1. 1 Whether the defendant's continued presence is to the Island's detriment
  2. 2 Whether deportation would be disproportionate under Article 8 of the European Convention on Human Rights
  3. 3 Whether deportation would constitute discrimination under Article 14 of the European Convention on Human Rights

Ratio Decidendi

The Court found that the defendant's continued presence would be detrimental to the Island due to the seriousness of his offences and moderate risk of re-offending, and that deportation would not be disproportionate given his limited ties to the Island and personal circumstances.

Court Disposition

recommendation for deportation

Orders

  • The defendant is recommended for deportation from the Island.