AG -v- T [2016] JRC 034 (08 February 2016)

AG -v- T [2016] JRC 034 (08 February 2016)

Given the gravity of the defendant's sexual offences against a child, the risk to the community, and the lack of sufficient dependency or ongoing family life with his partner and child, the interference with Article 8 rights caused by deportation is not disproportionate. The interests of the community outweigh the defendant's and his family's rights.

Citation
[2016] JRC 034
Parties
Prosecutor: Attorney General; Defendant: T (Defendant); Interested Party: Partner of Defendant
Jurisdiction
Jersey
Judgment Date
08 February 2016
Procedural Posture
Criminal / Post Conviction Deportation Recommendation
Outcome
deportation recommended
Legal Topics
Deportation, Article 8 ECHR, Family Life, Sexual Offences, Sentencing, Proportionality
Criminal Law Immigration Law Human Rights Law Deportation Article 8 ECHR Family Life Sexual Offences Sentencing +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 14 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Attorney General

Prosecutor

T (Defendant)

Defendant

Partner of Defendant

Interested Party

Procedural Posture

Criminal / Post Conviction Deportation Recommendation

Legal Issues

  1. 1 Whether the defendant's deportation is proportionate under Article 8 ECHR given his family ties in Jersey and the seriousness of his offences
  2. 2 Whether the defendant's continued presence is detrimental to the public good

Ratio Decidendi

Given the gravity of the defendant's sexual offences against a child, the risk to the community, and the lack of sufficient dependency or ongoing family life with his partner and child, the interference with Article 8 rights caused by deportation is not disproportionate. The interests of the community outweigh the defendant's and his family's rights.

Court Disposition

deportation recommended

Orders

  • The defendant is recommended for deportation from Jersey upon release from custody.