Jersey Judgment

AG v Ahier [2005] JRC 054 (22 April 2005)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The court imposed a probation order with a treatment condition instead of a custodial sentence due to the defendant's efforts to address her drug problem and rehabilitate.

Court disposition

probation order with treatment condition

Orders

  • Defendant placed on probation for 12 months.
  • Probation order includes 12 months of treatment as a condition.

02

Material facts

Parties

Miss Ahier

Defendant Counsel: defence counsel

Crown

Prosecution Counsel: Crown Advocate

Amounts and remedies

  • Probation Period: 12
  • Treatment Period: 12

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

Party arguments

Applicant
Miss Ahier is addressing her heroin problem and is making efforts to improve her life, warranting leniency.
Respondent
Carrying and using a knife in public ordinarily attracts substantial custodial sentences.

05

Court’s reasoning

  1. 01

    court's oral reasoning

    Carrying and using a knife in public is unacceptable and typically attracts substantial custodial sentences.

  2. 02

    court's oral reasoning

    Probation with treatment may be appropriate where rehabilitation is possible.

06

Ratio, limits and disposition

Ratio decidendi

The court imposed a probation order with a treatment condition instead of a custodial sentence due to the defendant's efforts to address her drug problem and rehabilitate.

Obiter and limits

  • Failure to comply with probation or treatment may result in a custodial sentence upon return to court.

Court disposition

probation order with treatment condition

  • Defendant placed on probation for 12 months.
  • Probation order includes 12 months of treatment as a condition.

Source and reliance status

Official court record

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Judgment reading view

Judgment text

The complete available source text.

Source document

Court record

Judgment

[2005] JRC 054

JUDGMENT THE BAILIFF: 1. Miss Ahier we hope that you do understand, as your Counsel has said you do, that it is quite unacceptable to carry a knife in a public place for your defence, and indeed even worse to use it in the way in which you did. Ordinarily that kind of conduct attracts, as the Crown Advocate has said, substantial custodial sentences.

2. We have taken into account everything which has been said by counsel. We have read the reports upon you and we are glad to see that you are trying to get a grip of your heroin problem and that you are working to overcome that and to make something of your life.

3. We want to encourage you to do that and so we are going to grant the conclusions and we will place you on probation for a period of 12 months, and that Probation Order will have attached to it a condition of treatment for 12 months as has been explained to you.

4. I do have to warn you that if you do not comply with the probation requirements and do not make a success of the treatment that you have been ordered to undergo, it is possible that you will come back before this Court and you may be sentenced again for the offences which you have admitted. On that occasion the Court may very well consider a custodial sentence. We hope that does not happen and we want you to succeed, as we are sure you will if you put your mind to it. Authorities A. G. - v- Vale (7th November, 2003) Jersey Unreported [2003]JRC201. A. G. -v- Baudains and Baudains (4th May, 2000), Jersey Unreported [2000]JRC078. Page Last Updated: 14 Jul 2016 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

A. G. v Vale (7th November, 2003) Jersey Unreported [2003]JRC201

Case cited

A. G. v Baudains and Baudains (4th May, 2000) Jersey Unreported [2000]JRC078

Case cited

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