Jersey Judgment

AG v Carrel [2003] JRC 213 (21 November 2003)

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Professional case brief

Research organized from the available case record

Source document

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

Defendant

Attorney General

Prosecutor

Amounts and remedies

  • Retail Value of Goods Received: GBP 1,480
  • Community Service Hours Ordered: 210

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

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

  1. 01

    R v Webbe [2001] EWCA Crim 1217

    Sentencing guidelines for receiving stolen goods; consideration of aggravating and mitigating factors.

  2. 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

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Judgment reading view

Judgment text

The complete available source text.

Source document

Court record

Judgment

[2003] JRC 213

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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Authorities

Authorities used by the court

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

Wylie v Attorney General (17 January 2002) Jersey Unreported; [2002/13]

Case cited

R v Webbe [2001] EWCA Crim 1217

Case cited

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