AG -v- Da Silva [2016] JRC 046 (19 February 2016)

AG -v- Da Silva [2016] JRC 046 (19 February 2016)

The seriousness of the offence, involving returning armed with a knife and threatening others while intoxicated, outweighs mitigation; 18 months' imprisonment is appropriate. Deportation is not recommended by a narrow margin, but future offences will likely result in such a recommendation.

Citation
[2016] JRC 046
Parties
Defendant: Unknown (Defendant); Prosecutor: Attorney General (Crown)
Jurisdiction
Jersey
Judgment Date
19 February 2016
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Affray, Sentencing, Deportation, Use of Weapons, Mitigation, Aggravating Factors
Criminal Law Affray Sentencing Deportation Use of Weapons Mitigation Aggravating Factors

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Parties

Unknown (Defendant)

Defendant

Attorney General (Crown)

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for affray involving a weapon
  2. 2 Whether deportation should be recommended

Ratio Decidendi

The seriousness of the offence, involving returning armed with a knife and threatening others while intoxicated, outweighs mitigation; 18 months' imprisonment is appropriate. Deportation is not recommended by a narrow margin, but future offences will likely result in such a recommendation.

Court Disposition

convicted and sentenced

Orders

  • 18 months' imprisonment
  • forfeiture and destruction of the weapon