AG -v- Baker [2005] JRC 154 (04 November 2005)
- Citation
- [2005] JRC 154
- 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 determined that probation combined with a treatment order is the most effective way to prevent re-offending and support rehabilitation, given the defendant's motivation and prior positive reports.
Court disposition
probation order granted
Orders
- Defendant placed on probation for 12 months
- Defendant subject to treatment order for 12 months
- Defendant must attend Alcohol and Drugs Service as directed
- Defendant must remain free of heroin
- Defendant subject to random drug tests
02
Material facts
Parties
Kayleigh Baker
DefendantAmounts and remedies
- Probation Duration: 12
- Treatment Order Duration: 12
03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
Whether probation and treatment order are appropriate for a defendant with heroin addiction
- 02
Whether employment conditions should be imposed to reduce risk of relapse
05
Court’s reasoning
Legal principles
- 01
court reasoning
Rehabilitation as a sentencing objective for drug-related offences
06
Ratio, limits and disposition
Ratio decidendi
The court determined that probation combined with a treatment order is the most effective way to prevent re-offending and support rehabilitation, given the defendant's motivation and prior positive reports.
Obiter and limits
- Employment in bar work may increase temptation and risk of relapse; probation service should monitor employment choices.
- Random drug tests are necessary to ensure compliance with treatment order.
Court disposition
probation order granted
- Defendant placed on probation for 12 months
- Defendant subject to treatment order for 12 months
- Defendant must attend Alcohol and Drugs Service as directed
- Defendant must remain free of heroin
- Defendant subject to random drug tests
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. Kayleigh Baker until you conquer your heroin addiction the outlook is quite bleak for you. You will find yourself going in to prison or youth custody again and again.
2. The Magistrate gave you a chance in June, but you let him down, and much more importantly you let yourself down, but despite this the Probation Service and the Drug and Alcohol Service really think that you are now motivated to try and change and to overcome your heroin addiction and the reports from Longreach were very encouraging from there until you relapsed.
3. The Court after some hesitation is going to accept the recommendations made. We think the best way of trying to prevent you from re-offending is to help you conquer your heroin addiction. The best way to do that is with the help outside prison of the various authorities. We are going to place you on probation for 12 months and we are going to make a treatment order for 12 months which means that you must attend the Alcohol and Drugs Service as they direct; you must remain free of heroin; and most particularly you will be subject to random tests.
4. If you do not do what they say or commit any further offences you will be brought back here and it seems extremely likely if that happens you will have to go to prison even though you have already spent some time there. We would mention one matter though; we are keen that you should have employment. We think that if you can gain employment this will help. We are a little concerned to hear that your employment might be bar work. We think that is an area where you might be tempted and we would certainly ask the Probation Service to work carefully with you as to whether this is really the right place for you to obtain employment. Drugs can be easily obtainable there and you might be tempted, whereas if you could find employment somewhere in a less tempting area the chances of your keeping clean might be better.
5. We are giving you a chance and we hope you take advantage of it. It is up to you. So it is a Probation Order on all counts. No Authorities Page Last Updated: 18 Aug 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
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