Jersey Judgment

AG -v- Bailey [2013] JRC 166 (23 August 2013)

On this page

Professional case brief

Research organized from the available case record

Source document

01

Holding and result

Custodial sentence totaling two years is justified due to repeated dishonesty offences, limited mitigation, and the need for deterrence.

Court disposition

convicted and sentenced

Orders

  • 18 months' imprisonment on Count 1 (concurrent)
  • 18 months' imprisonment on Count 2 (concurrent)
  • 12 months' imprisonment on Count 3 (concurrent)
  • 6 months' imprisonment on Count 4 (consecutive)
  • Total sentence: 2 years' imprisonment

02

Material facts

Parties

Unnamed Defendant

Defendant

The Crown

Prosecution

Amounts and remedies

  • Total Imprisonment Sentence: years 2

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

Party arguments

Applicant
Guilty plea, goods recovered, rehabilitation from drug problem, personal letter to court.
Respondent
Multiple prior convictions for dishonesty, offences committed over 3-4 weeks, custodial sentence inevitable.

05

Court’s reasoning

  1. 01

    Court's reasoning

    Custodial sentence is appropriate and inevitable for repeated dishonesty offences.

  2. 02

    Court's reasoning

    Sentences should reflect the offending and may be concurrent or consecutive as appropriate.

06

Ratio, limits and disposition

Ratio decidendi

Custodial sentence totaling two years is justified due to repeated dishonesty offences, limited mitigation, and the need for deterrence.

Obiter and limits

  • Further offending will result in increased sentences.
  • Continued offending will impact family life and child's upbringing.
  • Defendant has choices to make regarding future conduct.

Court disposition

convicted and sentenced

  • 18 months' imprisonment on Count 1 (concurrent)
  • 18 months' imprisonment on Count 2 (concurrent)
  • 12 months' imprisonment on Count 3 (concurrent)
  • 6 months' imprisonment on Count 4 (consecutive)
  • Total sentence: 2 years' imprisonment

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.

Source document

Court record

Judgment

[2013] JRC 166

JUDGMENT THE DEPUTY BAILIFF: 1. You have been before the courts in the United Kingdom and here on numbers of occasions since 1997. You have 19 previous convictions involving dishonesty and you are now to be sentenced following guilty pleas to four counts involving dishonesty over a period of 3-4 weeks this year.

2. You have no substantial mitigation other than your guilty plea, but we note the goods have been recovered and you have also conquered your drugs problem, which is good, and we have read and considered carefully your very good letter to us.

3. The Court considers a custodial sentence is right in principle and indeed is inevitable and you should be aware that further offending of this kind is likely to lead to the sentences going up and up in the future. You will miss large parts of your child's upbringing if this continues and that time will never come again. Life does not have to be like this. You have choices to make and you should think about that while you serve your sentence.

4. As far as the sentence itself is concerned the four counts on the Indictment justify consecutive sentences, but we are not going to follow that approach as adopted by the Crown. We think the sentence imposed on each count should, as far as possible, reflect the offending. Therefore on Count 1 you are sentenced to 18 months' imprisonment; on Count 2 you are sentenced to 18 months' imprisonment; on Count 3 you are sentenced to 12 months' imprisonment. Those three sentences will all run concurrently. On Count 4, which is slightly different offending in any event, you are sentenced to 6 months' imprisonment which will run consecutively, making a total of 2 years' imprisonment. Authorities AG-v-Pereira and Thomas [2012] JRC 216A . AG-v-Gaffney 1995/101. AG-v-Ahier [2013] JRC 055 . AG-v-Bailey [2009] JRC 077 . Page Last Updated: 16 Sep 2016 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

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

AG-v-Pereira and Thomas [2012] JRC 216A

Case cited

AG-v-Gaffney 1995/101

Case cited

AG-v-Ahier [2013] JRC 055

Case cited

AG-v-Bailey [2009] JRC 077

Case cited

Case-aware research

Ask AI about this case

The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.

About this LexChat collection

This page organizes the available case record for research. Verify quotations, current status, and subsequent treatment against the source document. Corrections can be reported to hello@esheria.ai.

Legal information, not legal advice. Research summaries do not replace the judgment.