AG -v- Bailey [2013] JRC 166 (23 August 2013)
- Citation
- [2013] JRC 166
- 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
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
DefendantThe Crown
ProsecutionAmounts and remedies
- Total Imprisonment Sentence: years 2
03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
Appropriate sentence for repeated dishonesty offences
- 02
Consideration of mitigation in sentencing
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
Legal principles
- 01
Court's reasoning
Custodial sentence is appropriate and inevitable for repeated dishonesty offences.
- 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.
Court record
Judgment
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
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.