de Jesus v AG [2003] JCA 181 (15 October 2003)

de Jesus v AG [2003] JCA 181 (15 October 2003)

The applicant's instructions regarding deportation were not properly presented to the sentencing court due to misunderstandings and lack of proper advice from counsel. Given the applicant's remorse, good conduct, family ties, and the disproportionate hardship deportation would cause, the recommendation for...

Source-derived case information.

Citation
[2003] JCA 181
Parties
Applicant: Mr Tremoceiro; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
15 October 2003
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Out of Time and Substantive Appeal Against Deportation Recommendation
Outcome
Appeal allowed
Legal Topics
Deportation, Right to Family Life, Appeal Procedure, Sentencing
Criminal Law Immigration Law Human Rights Deportation Right to Family Life Appeal Procedure Sentencing

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Summary, issues, holding and outcome

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Parties

Mr Tremoceiro

Applicant

Attorney General

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Out of Time and Substantive Appeal Against Deportation Recommendation

Legal Issues

  1. 1 Whether leave to appeal out of time against a deportation recommendation should be granted
  2. 2 Whether the recommendation for deportation should be revoked

Ratio Decidendi

The applicant's instructions regarding deportation were not properly presented to the sentencing court due to misunderstandings and lack of proper advice from counsel. Given the applicant's remorse, good conduct, family ties, and the disproportionate hardship deportation would cause, the recommendation for deportation should be revoked.

Court Disposition

Appeal allowed

Orders

  • Leave to appeal out of time granted
  • Recommendation for deportation revoked