AG v dos Santos [2022] JRC 161 (02 August 2022)

AG v dos Santos [2022] JRC 161 (02 August 2022)

The Defendant committed a grave and criminal assault causing serious physical and psychological harm with a weapon, in the presence of children, and in the victim's home. The court, applying Jersey sentencing principles and giving full credit for an early guilty plea, found aggravating factors outweighed mitigation...

Source-derived case information.

Citation
[2022] JRC 161
Parties
Defendant: The Defendant; Prosecution: The Crown
Jurisdiction
Jersey
Judgment Date
02 August 2022
Procedural Posture
Criminal / Sentencing Judgment After Guilty Plea and Jury Trial on Related Charge
Outcome
Convicted and sentenced
Legal Topics
Grave and Criminal Assault, Sentencing, Victim Impact, Restraining Orders, Deportation
Criminal Law Grave and Criminal Assault Sentencing Victim Impact Restraining Orders Deportation

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Summary, issues, holding and outcome

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Parties

The Defendant

Defendant

The Crown

Prosecution

Procedural Posture

Criminal / Sentencing Judgment After Guilty Plea and Jury Trial on Related Charge

Legal Issues

  1. 1 Appropriate sentence for grave and criminal assault involving serious injury and use of weapon
  2. 2 Applicability of English Sentencing Guidelines in Jersey
  3. 3 Imposition of restraining order

Ratio Decidendi

The Defendant committed a grave and criminal assault causing serious physical and psychological harm with a weapon, in the presence of children, and in the victim's home. The court, applying Jersey sentencing principles and giving full credit for an early guilty plea, found aggravating factors outweighed mitigation and imposed a sentence of six and a half years' imprisonment, with an indefinite restraining order but no recommendation for deportation.

Court Disposition

Convicted and sentenced

Orders

  • Six and a half years' imprisonment
  • Indefinite restraining order prohibiting contact with victim except as specified for children or legal proceedings