AG v Ahier [2005] JRC 054 (22 April 2005)
- Citation
- [2005] JRC 054
- 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 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 counselCrown
Prosecution Counsel: Crown AdvocateAmounts and remedies
- Probation Period: 12
- Treatment Period: 12
03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
Whether carrying and using a knife in public warrants a custodial sentence
- 02
Appropriateness of probation and treatment as sentence
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
Legal principles
- 01
court's oral reasoning
Carrying and using a knife in public is unacceptable and typically attracts substantial custodial sentences.
- 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.
Court record
Judgment
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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