AG -v- Bellamy [2005] JRC 061 (29 April 2005)
- Citation
- [2005] JRC 061
- 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 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
DefendantCrown Advocate
Prosecutor Counsel: Crown AdvocateAmounts and remedies
- Probation Duration: 12
- Community Service Hours (count 2): 90
- Community Service Hours (count 3): 70
03
Procedural history
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
Legal principles
- 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.
- 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
The complete available source text.
Court record
Judgment
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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