Jersey Judgment

AG v Alves [2020] JRC 135 (08 July 2020)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

Despite breach of the original order, the Court exercised discretion to allow the defendant one final opportunity to comply, but increased the community service hours to mark the failure and warned that further non-compliance would result in custody.

Court disposition

Community Service Order continued and varied; Probation Order discharged; warning issued regarding future non-compliance.

Orders

  • Community Service Order continued and increased to 100 hours (equivalent to 4 months' imprisonment).
  • Probation Order discharged.
  • Fresh Community Service Order of 50 hours imposed to run concurrently.
  • Warning: Any further breach will result in custodial sentence.

02

Material facts

Parties

Unknown (Defendant)

Defendant

The Crown

Prosecution

Amounts and remedies

  • Total Community Service Hours Ordered: 100
  • Equivalent Imprisonment (months): 4

03

Procedural history

  1. Posture

    Sentencing/probation Violation / Sentencing/variation of Order

04

Questions and positions

Legal issues

Whether the defendant should be given another opportunity to comply with the Community Service Order after breach of the original order.

Party arguments

Applicant
The defendant, through counsel and references, expressed remorse and requested another opportunity to comply with the Community Service Order, characterizing previous failures as mistakes.
Respondent
The prosecution relied on the defendant's prior non-compliance and the Court's previous warning regarding the consequences of breach.

05

Court’s reasoning

  1. 01

    Court's prior sentencing remarks

    A clear warning was previously given that breach of a Probation or Community Service Order would result in a custodial sentence.

06

Ratio, limits and disposition

Ratio decidendi

Despite breach of the original order, the Court exercised discretion to allow the defendant one final opportunity to comply, but increased the community service hours to mark the failure and warned that further non-compliance would result in custody.

Obiter and limits

  • The Court found it difficult to understand why the defendant did not take the previous warning seriously.
  • Future submissions on behalf of the defendant will not be trusted unless compelling and evidenced.

Court disposition

Community Service Order continued and varied; Probation Order discharged; warning issued regarding future non-compliance.

  • Community Service Order continued and increased to 100 hours (equivalent to 4 months' imprisonment).
  • Probation Order discharged.
  • Fresh Community Service Order of 50 hours imposed to run concurrently.
  • Warning: Any further breach will result in custodial sentence.

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

[2020] JRC 135

JUDGMENT THE BAILIFF: 1. When you were before this Court and we imposed a sentence we said: "..if you do not comply with the Probation Order, if you do not meet your obligations for Community Service which will be difficult then you must expect to be brought back before this Court and you must expect to have a custodial sentence imposed upon you." 2. The warning could not have been clearer and it is difficult to us to understand why you did not take it seriously.

3. We accept what has been said on your behalf by your counsel and by the contents of the references. We are prepared to consider that you may be sincere in your expressions to us that these were mistakes and that you would wish to have the opportunity of discharging the Community Service Order.

4. We will therefore give you one last chance. Please make no mistake about it, if you do not comply completely with the orders we are about to make then the Court's patience will have been exhausted and we will not be able to trust the submissions made on your behalf unless they are completely compelling and backed by evidence.

5. We will allow the Community Service Order to continue but vary it with the equivalent of an additional 50 hours or one months' imprisonment to mark the failure to comply with the original order and this will make a total of 100 hours of community service which is the equivalent to 4 months' imprisonment.

6. We will discharge the Probation Order and we impose a community service order of 50 hours, the equivalent of one months' imprisonment with regard to that but that will run concurrently, therefore the total you will now serve is 100 hours community service which is the equivalent of 4 months' imprisonment.

7. We revoke the order, we impose a fresh order then that gives the time period in which it must be done. No Authorities Page Last Updated: 10 Aug 2020 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII

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