AG -v- Faria [2016] JRC 070A (23 March 2016)

AG -v- Faria [2016] JRC 070A (23 March 2016)

The deliberate and reckless setting of fire to a eurobin near residential premises, aggravated by intoxication, warrants a custodial sentence of 3 years for arson and 9 months for breaking and entering (concurrent), with an exclusion order but no deportation recommendation due to proportionality and defendant's connections to the Island.

Citation
[2016] JRC 070A
Parties
Defendant: Unknown Defendant; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
23 March 2016
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Arson, Breaking and Entering, Sentencing, Exclusion Order, Deportation
Criminal Law Arson Breaking and Entering Sentencing Exclusion Order Deportation

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Parties

Unknown Defendant

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for arson and breaking and entering
  2. 2 Whether exclusion order and deportation recommendation are warranted

Ratio Decidendi

The deliberate and reckless setting of fire to a eurobin near residential premises, aggravated by intoxication, warrants a custodial sentence of 3 years for arson and 9 months for breaking and entering (concurrent), with an exclusion order but no deportation recommendation due to proportionality and defendant's connections to the Island.

Court Disposition

convicted and sentenced

Orders

  • 3 years' imprisonment for arson (Count 2)
  • 9 months' imprisonment for breaking and entering (Count 1), concurrent