AG v Bree [2001] JRC 185 (17 August 2001)
- Citation
- [2001] JRC 185
- 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 defendant breached probation, committed further offences, and failed to comply with community service; therefore, a custodial sentence is the only appropriate response, with allowance made for time spent on remand.
Court disposition
convicted and sentenced
Orders
- 15 months' youth detention, concurrent, on all counts for which probation was imposed
- Probation order discharged
- Defendant may be subject to supervision upon release
02
Material facts
Parties
[Defendant Name Not Provided]
DefendantAmounts and remedies
- Value of Stolen Clock: GBP 3,500
- Aggregate Value of Goods Obtained by Aiding and Abetting: GBP 1,330
- Value of Goods Obtained by False Pretences: GBP 85
- Time Spent on Remand (months): months 10
- Time Spent on Remand (days): days 18
- Youth Detention Sentence (months): months 15
03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
Whether custodial sentence is appropriate after breach of probation and commission of further offences
- 02
Whether allowance should be made for time spent on remand
Party arguments
- Applicant
- Not stated in the judgment.
- Respondent
- Not stated in the judgment.
05
Court’s reasoning
Legal principles
- 01
Criminal Justice (Young Offenders) (Jersey) Law, 1994
Custodial sentence is justified where probation and community service orders are breached and further offences are committed.
06
Ratio, limits and disposition
Ratio decidendi
The defendant breached probation, committed further offences, and failed to comply with community service; therefore, a custodial sentence is the only appropriate response, with allowance made for time spent on remand.
Court disposition
convicted and sentenced
- 15 months' youth detention, concurrent, on all counts for which probation was imposed
- Probation order discharged
- Defendant may be subject to supervision upon release
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. On 22 nd September you appeared before this Court to be sentenced on a total of 13 counts, including receiving a stolen clock worth £3,500, six counts of aiding, abetting in obtaining goods to an aggregate value of £1,330; one count of larceny of a DVD player; another count of larceny of some credit cards and two further counts of obtaining goods by false pretences, worth £85.
2. On that occasion you were given a chance. The Court placed you on probation with an order for community service and you were warned what might happen if you breached the order. You have ignored this chance; you have committed further offences; you have failed to report to your Probation Officer as directed; and you failed to carry out the community service in a timely manner.
3. We have considered the Criminal Justice (Young Offenders) (Jersey) Law, 1994 but we are quite satisfied that there is no alternative to a custodial sentence because of your failure to respond to the chance you were given last September. However, we note that you have spent the equivalent of 10 months 18 days on remand before you were placed on probation, and we think that some allowance must be made for this in order to ensure that the overall sentence is fair. We therefore propose to make a reduction in the conclusions. The sentence of the Court is one of 15 months' youth detention, concurrent, on all the counts for which you were placed on probation. We must remind you that you may be subject to supervision when you are released and we discharge the probation order. Authorities AG-v-Lopes and Bree (22 nd September, 2000) Jersey Unreported: [2000/187]. Page Last Updated: 17 Jun 2016 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.