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	Jersey Unreported Judgments
You are here: BAILII >> Databases >> Jersey Unreported Judgments >> 1998/229 - AG v P A Pestana [1998] UR 229 (20 November 1998) URL: http://www.bailii.org/je/cases/UR/1998/229.html Cite as: [1998] UR 229

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ROYAL COURT

(Samedi Division)

20 November 1998

Before: F C Hamon Esq., Deputy Bailiff,

and Jurats Le Ruez and Le Breton

AG

-v-

Pedro Alberto Pestana

1 count of being disorderly on licensed premises (count 1)

1 count of causing a breach of public peace by fighting (count 2)

Age: 24

Plea: Guilty

Details of Offence:

Minor public order offences

Details of Mitigation:

Guilty plea Residual Youth

Previous Convictions:

One for common assault on a male (fined £200)

Conclusions:

count 1: £250 fine or 2 weeks imprisonment in default of payment

count 2: £250 fine or 2 weeks imprisonment in default of payment (consecutive default sentence)

TOTAL: £500 fine or 4 weeks imprisonment in default of payment

Sentence and Observation of the Court:

count 1: £100 fine or 1 weeks default imprisonment

count 2: £100 fine or 1 weeks default imprisonment, consecutive default sentence

TOTAL: £200 fine or 2 weeks default imprisonment

P Matthews Esq., Crown Advocate

Advocate R Tremoceiro for the accused

JUDGMENT

THE DEPUTY BAILIFF: As Crown Advocate Matthews has said, Pestana is only in this Court because of his involvement with Conceicao. We do not in any way condone violence of this kind, what is more we do not clearly understand what the argument that led up to it was all about.

Looking, as we have done with Mr Tremoceiro, at his client’s income and expenditure, he has about £25 in hand after normal expenditure, and that does not allow for emergencies; there is a young child - just born of his girlfriend, with whom he lives - and his background report is encouraging, showing that he is a good worker. There was a relatively minor assault last year for which he was fined £200, and we also have to bear in mind that, as a result of this incident, he finished up with a broken nose which will require, we understand from Mr Tremoceiro, further operations.

I think we can treat this as a single offence, but for ease of sentencing we are going to deal with it in this way. Stand up please, you will be fined on count 1: £100, or 1 week, and on count 2: £100, or one week, that is a total of £200, to be paid at £10 per week or in lieu of that 2 weeks imprisonment.

No authorities