AG -v- Moniz [2012] JRC 116 (08 June 2012)

AG -v- Moniz [2012] JRC 116 (08 June 2012)

Despite the seriousness of the theft and the defendant's prior record, the court imposed a community service order instead of custody due to the defendant's 7 years without offending and positive changes in life, but imposed a compensation order and warned of possible custody for non-compliance.

Citation
[2012] JRC 116
Parties
Defendant: Unnamed Defendant; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
08 June 2012
Procedural Posture
Criminal / Sentencing
Outcome
convicted; sentenced to community service and compensation order; no deportation recommendation
Legal Topics
Theft, Sentencing, Community Service, Compensation Order, Deportation
Criminal Law Theft Sentencing Community Service Compensation Order Deportation

Case Brief

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Parties

Unnamed Defendant

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for theft of jewellery
  2. 2 Consideration of compensation order
  3. 3 Consideration of deportation for foreign national

Ratio Decidendi

Despite the seriousness of the theft and the defendant's prior record, the court imposed a community service order instead of custody due to the defendant's 7 years without offending and positive changes in life, but imposed a compensation order and warned of possible custody for non-compliance.

Court Disposition

convicted; sentenced to community service and compensation order; no deportation recommendation

Orders

  • 240 hours' community service
  • Compensation order of £3,426 payable at £300 per month