Jersey Unreported Judgments

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URL: http://www.bailii.org/je/cases/UR/2009/2009_066.html
Cite as: [2009] JRC 66, [2009] JRC 066

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[2009]JRC066

ROYAL COURT

(Samedi Division)

14^th April 2009

Before :

Sir Philip Bailhache, Kt., Bailiff, and Jurats Le Breton, Clapham, Newcombe and Liddiard.

The Attorney General

-v-

Johnny Owiny

Deportation Hearing.

C. M. M. Yates Esq., Crown Advocate.

Advocate M. J. Haines for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1. The Court has to apply the familiar two-fold test in relation to the question of whether a recommendation should be made for deportation. The Court is entirely satisfied having regard to the offences to which the defendant pleaded guilty and all the other material factors that the continued presence of the defendant in the Island is not in the interests of the community. So far as Human Rights considerations are concerned we note that the defendant is a member of the family of a British subject, namely his son, but we also note that on the instructions of the defendant his Counsel has indicated that the recommendation for deportation will not be opposed. Having regard to the fact that the defendant is not opposing the recommendation for deportation made by the Crown Advocate, and all the circumstances of the case, the Court will in the exercise of its discretion, recommend to the Lieutenant Governor that the defendant be deported from the Island at the conclusion of his sentence.

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