AG v Barton [2003] JRC 164 (18 September 2003)
- Citation
- [2003] JRC 164
- 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
Barton breached the conditions of temporary release and the trust placed in him by the Prison Governor by entering a public house, warranting punishment; mitigating factors justified a reduced sentence.
Court disposition
convicted and sentenced
Orders
- Sentenced to two months' imprisonment to run consecutively to current sentence
02
Material facts
Parties
Barton
DefendantCrown Advocate
Prosecutor Counsel: Crown AdvocateAmounts and remedies
- Sentence Length: 2
03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
Whether Barton breached the conditions of temporary release by entering a public house
- 02
Appropriate sentence for breach of trust and court order
Party arguments
- Applicant
- Barton admitted the offence immediately, pleaded guilty, and entered the pub to seek employment, not for enjoyment.
- Respondent
- The Crown Advocate argued for a stricter sentence, giving less allowance for mitigating factors.
05
Court’s reasoning
Legal principles
- 01
Court's reasoning
Breach of trust and court orders must be punished; mitigating factors may reduce sentence.
06
Ratio, limits and disposition
Ratio decidendi
Barton breached the conditions of temporary release and the trust placed in him by the Prison Governor by entering a public house, warranting punishment; mitigating factors justified a reduced sentence.
Court disposition
convicted and sentenced
- Sentenced to two months' imprisonment to run consecutively to current sentence
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 BAILIFF: 1. Barton, you were on temporary release from the prison and you had therefore been trusted to behave yourself and to comply with your obligations. You breached that trust of the Prison Governor. You knew that you were not allowed to go into a public house during the period of the exclusion order but you did so and if you ignore Court orders in that way and breach the trust placed in you by the Prison Governor then I am afraid you must expect to be punished.
2. The maximum penalty is one of six months imprisonment. We have read your letter carefully and we accept that the purpose of going into the pub was to seek employment and not to enjoy yourself. And we also accept that you admitted the offence immediately and have pleaded guilty. We feel able to give a little bit more allowance for the mitigating factors than the Crown Advocate has done and so you will be sentenced to two months' imprisonment to run consecutively to the sentence which you are currently serving. No Authorities Page Last Updated: 18 Jun 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
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