AG v De Sousa [2020] JRC 149 (31 July 2020)

AG v De Sousa [2020] JRC 149 (31 July 2020)

Exceptional mitigation and early guilty plea warrant a probation order and community service instead of custodial sentence; extension of time for community service granted due to recovery needs.

Citation
[2020] JRC 149
Parties
Defendant: Ms De Sousa; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
31 July 2020
Procedural Posture
Criminal / Sentencing
Outcome
Probation Order discharged; new 12 month Probation Order imposed; 1 year Community Service (180 hours) imposed; extension for completion of Community Service to 24 months granted.
Legal Topics
Illegal Entry, Larceny, Probation Breach, Sentencing, Community Service
Criminal Law Illegal Entry Larceny Probation Breach Sentencing Community Service

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Parties

Ms De Sousa

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 sentencing for illegal entry and larceny
  2. 2 breach of probation order
  3. 3 consideration of mitigation in sentencing

Ratio Decidendi

Exceptional mitigation and early guilty plea warrant a probation order and community service instead of custodial sentence; extension of time for community service granted due to recovery needs.

Court Disposition

Probation Order discharged; new 12 month Probation Order imposed; 1 year Community Service (180 hours) imposed; extension for completion of Community Service to 24 months granted.

Orders

  • Discharge of previous Probation Order
  • Imposition of 12 month Probation Order