AG - Oeillet 31-Mar-2006 [2006] JRC 053 (31 March 2006)
- Citation
- [2006] JRC 053
- 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
Given the high risk of re-offending, lack of compliance with supervision, and the defendant's criminal record, consecutive and concurrent sentences were imposed in accordance with the totality principle.
Court disposition
convicted and sentenced
Orders
- 3 months' imprisonment on First Indictment
- 18 months' imprisonment on Second Indictment, consecutive to First Indictment
- 12 months' imprisonment for breaking and entering and larceny, concurrent with other breach of probation counts and with Second Indictment, but consecutive to First Indictment
- 12 months' imprisonment for taking and driving away, concurrent as above
- 12 months' imprisonment for driving without insurance, concurrent as above
- total of 21 months' imprisonment
- all other outstanding orders discharged
02
Material facts
Amounts and remedies
- Total Imprisonment Term: 21
03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
Appropriate sentence for multiple indictments and breach of probation
- 02
Application of totality principle in sentencing
Party arguments
- Applicant
- No arguments from applicant recorded.
- Respondent
- No arguments from respondent recorded.
05
Court’s reasoning
Legal principles
- 01
common law
Totality principle in sentencing
06
Ratio, limits and disposition
Ratio decidendi
Given the high risk of re-offending, lack of compliance with supervision, and the defendant's criminal record, consecutive and concurrent sentences were imposed in accordance with the totality principle.
Court disposition
convicted and sentenced
- 3 months' imprisonment on First Indictment
- 18 months' imprisonment on Second Indictment, consecutive to First Indictment
- 12 months' imprisonment for breaking and entering and larceny, concurrent with other breach of probation counts and with Second Indictment, but consecutive to First Indictment
- 12 months' imprisonment for taking and driving away, concurrent as above
- 12 months' imprisonment for driving without insurance, concurrent as above
- total of 21 months' imprisonment
- all other outstanding orders discharged
Source and reliance status
Official court record
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Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
JUDGMENT THE COMMISSIONER: 1. [beginning not recorded}....disturbing. You are assessed as being at a high risk of re-offending. Although the Probation Report is as constructive as it can possibly be there is in our view little hope of your willingness to comply with supervision.
2. You have a completely relaxed view to authority, and your criminal record speaks for itself. We are going to follow the conclusions of the Crown.
3. On the First Indictment you will serve 3 months' imprisonment, on the Second Indictment, 18 months' imprisonment, that is consecutive, and for the breach of probation each count runs concurrently with the other and we have in mind the totality principle concurrent with the Second Indictment, but consecutive with the First Indictment. So breaking and entering and larceny, 12 months' imprisonment, taking and driving away, 12 months' imprisonment; driving without insurance, 12 months' imprisonment; that is a total of 21 months' imprisonment, and the only person to blame is yourself. All the other outstanding orders are discharged. No Authorities Page Last Updated: 10 Jun 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
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