AG -v- De Barros [2013] JRC 079 (19 April 2013)

AG -v- De Barros [2013] JRC 079 (19 April 2013)

Custodial sentence imposed due to seriousness and viciousness of assaults, absence of exceptional circumstances, and public interest in deterrence; recommendation for deportation based on abuse of privilege and public good.

Citation
[2013] JRC 079
Parties
Defendant: Unknown Defendant; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
19 April 2013
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Drunk and Disorderly, Breach of the Peace, Larceny, Grave and Criminal Assault, Deportation, Sentencing
Criminal Law Drunk and Disorderly Breach of the Peace Larceny Grave and Criminal Assault Deportation Sentencing

Case Brief

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Parties

Unknown Defendant

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for multiple violent offences
  2. 2 Threshold for custodial sentence in drunken street violence
  3. 3 Recommendation for deportation following conviction

Ratio Decidendi

Custodial sentence imposed due to seriousness and viciousness of assaults, absence of exceptional circumstances, and public interest in deterrence; recommendation for deportation based on abuse of privilege and public good.

Court Disposition

convicted and sentenced

Orders

  • 2 years and 1 month's imprisonment
  • all sentences concurrent except Count 2, which is consecutive