Jersey Judgment

AG -v- Bellamy [2005] JRC 061 (29 April 2005)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The court imposed probation and community service instead of custody due to compliance with Crown Advocate's recommendations and the defendant's intoxication and potential for rehabilitation.

Court disposition

probation and community service imposed

Orders

  • 12 months probation subject to usual conditions and supervision by Probation Officer
  • 90 hours community service on Count 2
  • 12 months probation concurrent on Count 3
  • 70 hours community service concurrent on Count 3

02

Material facts

Parties

Bellamy

Defendant

Crown Advocate

Prosecutor Counsel: Crown Advocate

Amounts and remedies

  • Probation Duration: 12
  • Community Service Hours (count 2): 90
  • Community Service Hours (count 3): 70

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

appropriate sentence for threatening a police officer with a broken bottle while intoxicated

Party arguments

Respondent
Crown Advocate recommended probation and community service instead of custodial sentence.

05

Court’s reasoning

  1. 01

    A. G. -v- Harben and Anor (9 February, 2001) Jersey Unreported [2001]JRC34

    Threatening a police officer with a weapon is a serious offence usually warranting custodial sentence.

  2. 02

    Whelan: Aspects of Sentencing in the Superior Courts of Jersey (2nd Ed'n): pp. 779 and 780

    Sentencing guidelines for probation and community service in lieu of youth detention.

06

Ratio, limits and disposition

Ratio decidendi

The court imposed probation and community service instead of custody due to compliance with Crown Advocate's recommendations and the defendant's intoxication and potential for rehabilitation.

Obiter and limits

  • The court hopes the defendant will address drinking problems and not repeat such behaviour.

Court disposition

probation and community service imposed

  • 12 months probation subject to usual conditions and supervision by Probation Officer
  • 90 hours community service on Count 2
  • 12 months probation concurrent on Count 3
  • 70 hours community service concurrent on Count 3

Source and reliance status

Official court record

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Judgment reading view

Judgment text

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Source document

Court record

Judgment

[2005] JRC 061

JUDGMENT THE BAILIFF: 1. Bellamy we hope you understand that threatening a police officer with a broken bottle is a very serious matter and would usually be punished by a custodial sentence, so in a sense we are being generous to you in complying with the recommendations of the Crown Advocate. We hope you now realise how things can go badly wrong when you allow yourself to get so drunk that you do not know what you are doing. We hope that with the guidance of the Probation Officer, you will be able to address these problems and moderate your drinking and not behave in this kind of way again.

2. We sentence you as follows. On Court 2, we are going to place you on probation for 12 months, subject to the usual conditions that you be of good behaviour during that time and be under the supervision of a Probation Officer to live and work as directed by the Probation Officer and indeed there are a number of conditions which you will be asked to sign in a few moments when the Court has retired.

3. We will also order you to perform 90 hours' community service on Count 2, which is the equivalent of 3 months' youth detention. On Count 3, we will place you on probation for 12 months concurrent, and order you to do 70 hours' community service again concurrent; that being equivalent of two months' youth detention. So the overall sentence of the Court is that you will be on Probation for 12 months and that you will perform 90 hours' community service. Authorities A. G. -v- Harben and Anor (9 TH February, 2001) Jersey Unreported [2001]JRC34. Whelan: Aspects of Sentencing in the Superior Courts of Jersey (2 nd Ed'n): pp. 779 and 780. Page Last Updated: 14 Jul 2016 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII

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Authorities

Authorities used by the court

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

A. G. -v- Harben and Anor (9 February, 2001) Jersey Unreported [2001]JRC34

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