AG -v- Soares and Aguiar [2008] JRC 015 (01 February 2008)

AG -v- Soares and Aguiar [2008] JRC 015 (01 February 2008)

Given the seriousness of the offences, especially money laundering, and the defendant's breach of a previous order and risk of re-offending, a total sentence of 4 years' imprisonment is appropriate for Soares, with a recommendation for deportation. For Miss Aguiar, community service is justified due to lesser involvement and mitigation.

Citation
[2008] JRC 015
Parties
Defendant: Soares; Co Defendant: Miss Aguiar; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
01 February 2008
Procedural Posture
Criminal / Sentencing Judgment
Outcome
conviction and sentencing
Legal Topics
Burglary, Larceny, Receiving Stolen Property, Money Laundering, Community Service Order Breach, Deportation, Youth Detention, Forfeiture
Criminal Law Burglary Larceny Receiving Stolen Property Money Laundering Community Service Order Breach Deportation Youth Detention +1 more

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Parties

Soares

Defendant

Miss Aguiar

Co Defendant

Crown

Prosecution

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Appropriate sentence for burglary, larceny, receiving stolen property, and money laundering
  2. 2 Breach of community service order
  3. 3 Propriety and proportionality of deportation recommendation

Ratio Decidendi

Given the seriousness of the offences, especially money laundering, and the defendant's breach of a previous order and risk of re-offending, a total sentence of 4 years' imprisonment is appropriate for Soares, with a recommendation for deportation. For Miss Aguiar, community service is justified due to lesser involvement and mitigation.

Court Disposition

conviction and sentencing

Orders

  • Soares: 12 months on Count 1 and 9 months on Count 2 (First Indictment), concurrent; 3 years on Counts 1, 2, 3, 5 and 3 months on Count 6 (Other Indictment), concurrent but consecutive to first indictment, total 4 years' imprisonment.
  • Community Service Order for Miss Aguiar: 150 hours, alternative 9 months' youth detention.