Jersey Judgment

AG v Bree [2001] JRC 185 (17 August 2001)

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Professional case brief

Research organized from the available case record

Source document

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]

Defendant

Amounts 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

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

Party arguments

Applicant
Not stated in the judgment.
Respondent
Not stated in the judgment.

05

Court’s reasoning

  1. 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

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Judgment reading view

Judgment text

The complete available source text.

Source document

Court record

Judgment

[2001] JRC 185

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

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Authorities

Authorities used by the court

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

AG-v-Lopes

Case cited

Bree (22nd September, 2000) Jersey Unreported: [2000/187]

Case cited

Criminal Justice (Young Offenders) (Jersey) Law, 1994

Legislation

Legislation referenced in the available case record.

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