1998/64 - AG v M [1998] UR 64 (28 April 1998)
- Citation
- [1998] UR 64
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Sentencing
More details
- Posture
- Criminal / Sentencing
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The defendant is given a final opportunity to avoid custody due to positive progress at Shelter Trust; probation is imposed instead of youth detention.
Court disposition
Probation order imposed for one year; previous order cancelled and reimposed
Orders
- Defendant to live where Probation Order directs for one year
- Previous order cancelled and reimposed
02
Material facts
Parties
M
DefendantAmounts and remedies
- Probation Duration: 1
03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
Whether the defendant should be sent to youth detention or placed on probation
05
Court’s reasoning
Legal principles
- 01
court's direction
Sentencing discretion and last chance warning for young offenders
06
Ratio, limits and disposition
Ratio decidendi
The defendant is given a final opportunity to avoid custody due to positive progress at Shelter Trust; probation is imposed instead of youth detention.
Obiter and limits
- Shelter Trust report influenced the decision
- Court is not weakening its sentencing policy
Court disposition
Probation order imposed for one year; previous order cancelled and reimposed
- Defendant to live where Probation Order directs for one year
- Previous order cancelled and reimposed
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
JUDGMENT THE DEPUTY BAILIFF: M, the Court gave a very clear direction when you appeared before it last time. I have to tell you the Jurats are not agreed. One would send you to Youth Detention immediately, and I think that would be well deserved, and the other would not. You seem to us to be aimless in the way you are going, but in the eleven weeks that you have been at the Shelter Trust you do show some hope. We are going to take a very unusual step because I am going to take the side of the Jurat who would not put you into custody. But, it has got to be your last chance. I know I said this last time and I do not want you to think for one moment that this Court is getting weak in its sentencing policy. We are going to cancel the Order that we imposed upon you and reimpose it so you are going to have to start all over again. We are going to put you on one year’s Probation and during that one year’s Probation you will live where the Probation Order directs you to live. This is your last chance. It is the Shelter Trust report that saved you. If you want to go to prison - I am sure you do not - that is where you are going if you do not pull your socks up. No Authorities BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
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