AG v Bellot [2023] JRC 202 (27 October 2023)
- Citation
- [2023] JRC 202
- 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
A suspended sentence of 3 days' imprisonment for 12 months is more appropriate than a fine in the circumstances; reasons to follow in a detailed judgment.
Court disposition
suspended sentence imposed
Orders
- 3 days' imprisonment suspended for 12 months
- Defendant to sign a form with the Greffier
- Defendant released immediately
- Time for appeal notice filing suspended until reasons are handed down
02
Material facts
Parties
Crown
ProsecutionMiss Bellot
DefendantAmounts and remedies
- Imprisonment Duration: 3
- Suspension Period (months): 12
03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
appropriate sentence for the offence
- 02
whether to impose a fine or a suspended sentence
Party arguments
- Applicant
- The Crown sought a different conclusion, likely advocating for a fine or immediate custodial sentence.
- Respondent
- The defendant's position is not detailed, but the court found a suspended sentence more appropriate.
05
Court’s reasoning
Legal principles
- 01
Criminal Justice Act 1925
Suspended sentences may be imposed instead of fines where appropriate.
- 02
Criminal Justice Act 1925
Activation of suspended sentence upon reoffending within suspension period.
06
Ratio, limits and disposition
Ratio decidendi
A suspended sentence of 3 days' imprisonment for 12 months is more appropriate than a fine in the circumstances; reasons to follow in a detailed judgment.
Obiter and limits
- The time for filing a notice of appeal will not run until the reasons have been handed down.
Court disposition
suspended sentence imposed
- 3 days' imprisonment suspended for 12 months
- Defendant to sign a form with the Greffier
- Defendant released immediately
- Time for appeal notice filing suspended until reasons are handed down
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 Lieutenant BAILIFF: 1. Would you stand up please.
2. For reasons that will follow in a judgment which we shall deliver later, we are not accepting the Crown's conclusions in this case. There will be a sentence of 3 days' imprisonment, which will be suspended for 12 months.
3. I must warn you that if you should reoffend within the period of twelve months, if you do anything that amounts to criminal conduct, the sentence will be activated and you will have to serve it. But at the moment you will walk out of this court today free. We think that is a more appropriate determination than a fine; the reasons why we think that will appear in our judgment in due course.
4. I must ask you to stay Miss Bellot please, after court and sign a form with the Greffier here. You need to stay in court afterwards and sign a form, thank you.
5. The time limited for filing a notice of appeal will not run until the reasons have been handed down. Authorities R v Smith (Amanda Ann) [2016] EWCA Crim 1562. R v D [2004] EWCA Crim 1271. Criminal Justice Act 1925. Page Last Updated: 29 Nov 2023 Back to top About JLIB Accessibility Contacts Disclaimer Feedback Privacy policy Site map © Jersey Legal Information Board 2001- This website is not compatible with your web browser. You should install a newer browser . If you live in Jersey and need help upgrading call the States of Jersey web team on 440099. BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
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