AG -v- Goncalves [2015] JRC 161 (31 July 2015)

AG -v- Goncalves [2015] JRC 161 (31 July 2015)

The seriousness of the arson offence, balanced against the defendant's guilty plea, remorse, immediate efforts to control the fire, and personal circumstances, justified a custodial sentence of 18 months but not a recommendation for deportation. A compensation order was appropriate for the garage's loss.

Citation
[2015] JRC 161
Parties
Defendant: Unknown Defendant; Prosecutor: Attorney General (Crown)
Jurisdiction
Jersey
Judgment Date
31 July 2015
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Arson, Sentencing, Deportation Recommendation, Compensation Order
Criminal Law Arson Sentencing Deportation Recommendation Compensation Order

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Parties

Unknown Defendant

Defendant

Attorney General (Crown)

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for maliciously setting fire to property (arson)
  2. 2 Whether to recommend deportation of a foreign national convicted of arson
  3. 3 Whether to make a compensation order

Ratio Decidendi

The seriousness of the arson offence, balanced against the defendant's guilty plea, remorse, immediate efforts to control the fire, and personal circumstances, justified a custodial sentence of 18 months but not a recommendation for deportation. A compensation order was appropriate for the garage's loss.

Court Disposition

convicted and sentenced

Orders

  • 18 months' imprisonment
  • Compensation order of £60 to the garage, payable in 10 days, with 7 days' imprisonment in default