AG -v- Vieira [2013] JRC 025 (01 February 2013)

AG -v- Vieira [2013] JRC 025 (01 February 2013)

Given the defendant's history of non-compliance with non-custodial sentences, inability or unwillingness to respond to them, and circumstances of the offences, youth detention is the only appropriate sentence. Deportation is not recommended due to mental health diagnosis and need for family and agency support in...

Source-derived case information.

Citation
[2013] JRC 025
Parties
Defendant: Unnamed Defendant; Prosecutor: Crown
Jurisdiction
Jersey
Judgment Date
01 February 2013
Procedural Posture
Criminal / Sentencing Judgment
Outcome
convicted and sentenced
Legal Topics
Youth Detention, Mental Health, Deportation, Exclusion Order, Probation Supervision
Criminal Law Human Rights Law Youth Detention Mental Health Deportation Exclusion Order Probation Supervision

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Parties

Unnamed Defendant

Defendant

Crown

Prosecutor

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 whether youth detention is appropriate given history of offending and mental health
  2. 2 whether exclusion order should be imposed
  3. 3 whether deportation should be recommended

Ratio Decidendi

Given the defendant's history of non-compliance with non-custodial sentences, inability or unwillingness to respond to them, and circumstances of the offences, youth detention is the only appropriate sentence. Deportation is not recommended due to mental health diagnosis and need for family and agency support in Jersey, but any further serious offence will likely result in deportation.

Court Disposition

convicted and sentenced

Orders

  • 18 months' youth detention (concurrent sentences)
  • 12 months exclusion order on specified premises