AG -v- Capontes [2013] JRC 184 (20 September 2013)

AG -v- Capontes [2013] JRC 184 (20 September 2013)

Given the gravity of threatening minors with a deactivated firearm, a custodial sentence is required despite mitigation. Deportation is not recommended due to disproportionate impact considering family ties and length of residence.

Citation
[2013] JRC 184
Parties
Defendant: Unknown Defendant; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
20 September 2013
Procedural Posture
Criminal / Sentencing
Outcome
2 years' imprisonment, no recommendation for deportation
Legal Topics
Imitation Firearms, Threats With Firearms, Sentencing, Deportation
Criminal Law Imitation Firearms Threats With Firearms Sentencing Deportation

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Parties

Unknown Defendant

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for threatening with a deactivated firearm
  2. 2 Whether deportation should be recommended

Ratio Decidendi

Given the gravity of threatening minors with a deactivated firearm, a custodial sentence is required despite mitigation. Deportation is not recommended due to disproportionate impact considering family ties and length of residence.

Court Disposition

2 years' imprisonment, no recommendation for deportation

Orders

  • 2 years' imprisonment, concurrent on each of the three counts
  • No recommendation for deportation