AG v Carrel [2003] JRC 213 (21 November 2003)
- Citation
- [2003] JRC 213
- 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
Despite the seriousness of the offence, the defendant's significant period without dishonesty offences and efforts at rehabilitation justify a non-custodial sentence of community service instead of imprisonment.
Court disposition
community service order imposed
Orders
- 210 hours of community service to be completed within twelve months
- Failure to comply will result in imprisonment
02
Material facts
Parties
Carrel
DefendantAttorney General
ProsecutorAmounts and remedies
- Retail Value of Goods Received: GBP 1,480
- Community Service Hours Ordered: 210
03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
Appropriate sentence for receiving stolen goods
- 02
Consideration of aggravating and mitigating factors in sentencing
Party arguments
- Applicant
- The defendant has not committed any dishonesty offences since 1987 and has made efforts to improve, placing this offence at the lower end of seriousness.
- Respondent
- The Crown submits that the correct sentence on a not-guilty plea would be fifteen months' imprisonment.
05
Court’s reasoning
Legal principles
- 01
R v Webbe [2001] EWCA Crim 1217
Sentencing guidelines for receiving stolen goods; consideration of aggravating and mitigating factors.
- 02
Wylie v Attorney General (17 January 2002) Jersey Unreported; [2002/13]
Reference to local precedent for sentencing in similar cases.
06
Ratio, limits and disposition
Ratio decidendi
Despite the seriousness of the offence, the defendant's significant period without dishonesty offences and efforts at rehabilitation justify a non-custodial sentence of community service instead of imprisonment.
Obiter and limits
- The court wishes to encourage the defendant's progress and avoid a return to previous criminal behavior.
- Failure to comply with community service will result in imprisonment.
Court disposition
community service order imposed
- 210 hours of community service to be completed within twelve months
- Failure to comply will result in imprisonment
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. Carrel, you have an appalling record of dishonesty and other offences but to your credit you have really managed to improve things to the extent that you have no conviction for any offence involving dishonesty since 1987. So it is all the more disappointing that you have now committed this offence of receiving 148 CDs and DVDs with a retail value of some £1,480.
2. We have been referred by counsel to the Jersey case of Wylie -v- A. G. (17 th January, 2002) Jersey Unreported; [2002/13] and to the English case of R -v- Webbe [2001] EWCA Crim 1217 . Webbe appears to set out a number of guidelines. We agree that none of the aggravating features mentioned there are present and we do agree with the submission that this is towards the lower end of the scale of seriousness of offences of receiving.
3. Nevertheless the offence merits imprisonment and we would have sent you to prison were it not for the efforts that you have made since 1987 and we wish to encourage that and not send you back into your old ways for one failure. So we are going to impose a non-custodial sentence of community service.
4. We must therefore decide on what would have been the right prison sentence. Had you pleaded guilty we think the right sentence would have been nine months. We therefore agree with the Crown that on a not-guilty plea, fifteen months would have been the correct sentence.
5. Therefore we will transpose that to community service and we impose 210 hours' of community service, which you must do within the next twelve months. You must understand Mr Carrel, you must perform the service and you must turn up when instructed. If you start not turning up when you are told to, you will be reported back to his Court and then there will be no alternative but to send you back to prison.
6. So we hope very much that this is one single slip and that you can carry on the progress you have been making over the last few years. Authorities Wylie -v- A. G. (17 th January, 2002) Jersey Unreported; [2002/13]. R -v- Webbe [2001] EWCA Crim 1217 . Page Last Updated: 22 Jun 2016 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
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