AG -v- Da Costa [2015] JRC 139 (26 June 2015)

AG -v- Da Costa [2015] JRC 139 (26 June 2015)

Given the seriousness of the offences, lack of remorse, previous convictions, and high risk of reoffending, a custodial sentence of 2 years and 1 month is appropriate. The defendant's continued presence is detrimental to the community, and deportation is not disproportionate under Article 8 ECHR.

Source-derived case information.

Citation
[2015] JRC 139
Parties
Prosecution: The Crown; Defendant: Unnamed Defendant
Jurisdiction
Jersey
Judgment Date
26 June 2015
Procedural Posture
Criminal / Sentencing After Trial and Guilty Pleas
Outcome
convicted and sentenced
Legal Topics
Obstruction of Police, Possession of Controlled Drugs, Breaking and Entry, Larceny, Sentencing, Deportation
Criminal Law Obstruction of Police Possession of Controlled Drugs Breaking and Entry Larceny Sentencing Deportation

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Summary, issues, holding and outcome

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Parties

The Crown

Prosecution

Unnamed Defendant

Defendant

Procedural Posture

Criminal / Sentencing After Trial and Guilty Pleas

Legal Issues

  1. 1 Appropriate sentence for obstruction of police, possession of controlled drugs, and breaking and entry with larceny
  2. 2 Whether deportation is justified and proportionate

Ratio Decidendi

Given the seriousness of the offences, lack of remorse, previous convictions, and high risk of reoffending, a custodial sentence of 2 years and 1 month is appropriate. The defendant's continued presence is detrimental to the community, and deportation is not disproportionate under Article 8 ECHR.

Court Disposition

convicted and sentenced

Orders

  • 1 month's imprisonment for obstruction of police
  • 1 month's imprisonment for possession of controlled drugs, concurrent