AG -v- Goncalves and Others [2011] JRC 001 (05 January 2011)

AG -v- Goncalves and Others [2011] JRC 001 (05 January 2011)

Sentences were determined by reference to established sentencing bands for the relevant offences, with aggravating factors including the impact on victims, number of offences, and prior records. A reduction of one month was applied to account for sentencing delay. Deportation was recommended for Mr Goncalves due to the seriousness and pattern of offending, after considering Convention rights. No deportation was recommended for Mr Caboz due to the lesser nature of his offence.

Citation
[2011] JRC 001
Parties
Accused: Mr Goncalves; Accused: Mr Moreira; Accused: Mr Caboz
Jurisdiction
Jersey
Judgment Date
05 January 2011
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentencing
Legal Topics
Robbery, Breaking and Entering, Larceny, Receiving Stolen Property, Conspiracy, Driving Offences, Sentencing, Deportation
Criminal Law Robbery Breaking and Entering Larceny Receiving Stolen Property Conspiracy Driving Offences Sentencing +1 more

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Parties

Mr Goncalves

Accused

Mr Moreira

Accused

Mr Caboz

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentencing for robbery, breaking and entering, larceny, receiving stolen property, conspiracy, and driving offences
  2. 2 Consideration of aggravating and mitigating factors in sentencing
  3. 3 Appropriateness of deportation recommendations

Ratio Decidendi

Sentences were determined by reference to established sentencing bands for the relevant offences, with aggravating factors including the impact on victims, number of offences, and prior records. A reduction of one month was applied to account for sentencing delay. Deportation was recommended for Mr Goncalves due to the seriousness and pattern of offending, after considering Convention rights. No deportation was recommended for Mr Caboz due to the lesser nature of his offence.

Court Disposition

conviction and sentencing

Orders

  • Mr Goncalves: total 5 years 11 months' imprisonment, 3 years' disqualification from driving, recommendation for deportation
  • Mr Moreira: total 2 years 11 months' imprisonment