Jersey Judgment

AG v Channing [2001] JRC 164 (27 July 2001)

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Source document

01

Holding and result

The court imposed concurrent sentences totaling 12 months' imprisonment, credited the defendant for time served on remand, and declined to impose a compensation order, finding it appropriate to conclude the matter without further penalty.

Court disposition

sentences of imprisonment imposed, all concurrent, no compensation order, defendant released due to time served

Orders

  • 1 week's imprisonment on count 2, concurrent with 1 week's imprisonment on count 3
  • 2 months' imprisonment on count 5, concurrent with 2 months' imprisonment on count 6
  • 12 months' imprisonment on count 8, all sentences concurrent
  • no compensation order imposed

02

Material facts

Parties

Crown Advocate

Respondent

Amounts and remedies

  • Imprisonment on Count 2: week 1
  • Imprisonment on Count 3: week 1
  • Imprisonment on Count 5: month 2
  • Imprisonment on Count 6: month 2
  • Imprisonment on Count 8: month 12

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

Party arguments

Applicant
Applicant acknowledged obligation to repay the owner the money defrauded from him.
Respondent
Crown Advocate moved for sentences of imprisonment on multiple counts.

05

Court’s reasoning

  1. 01

    court's sentencing discretion

    Sentences for multiple counts may be ordered to run concurrently.

  2. 02

    court's sentencing discretion

    Credit for time served on remand should be given when imposing sentence.

06

Ratio, limits and disposition

Ratio decidendi

The court imposed concurrent sentences totaling 12 months' imprisonment, credited the defendant for time served on remand, and declined to impose a compensation order, finding it appropriate to conclude the matter without further penalty.

Obiter and limits

  • Concern expressed at the length of time taken to bring the case to conclusion.
  • Court noted lack of sufficient information to understand the delay.

Court disposition

sentences of imprisonment imposed, all concurrent, no compensation order, defendant released due to time served

  • 1 week's imprisonment on count 2, concurrent with 1 week's imprisonment on count 3
  • 2 months' imprisonment on count 5, concurrent with 2 months' imprisonment on count 6
  • 12 months' imprisonment on count 8, all sentences concurrent
  • no compensation order imposed

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[2001] JRC 164

JUDGMENT THE BAILIFF: 1. We are going to grant the conclusions, in part, and we are going to impose the sentence of imprisonment for which the Crown Advocate has moved, that is to say you will be sentenced on count 2 to 1 week's imprisonment, on count 3 to 1 week's imprisonment, concurrent, on count 5; 2 months' imprisonment, on count 6; 2 months' imprisonment, on count 8; 12 months' imprisonment. All those sentences to be concurrent making a total of 12 months' imprisonment.

2. We are concerned at the length of time which it has taken to bring this case to a conclusion and we do not have sufficient information at our disposal to understand, completely, why that delay has taken place, although there may very well be good reasons for at least part of the delay. But we do not wish, as a result of that, to add to the prison terms to which you will be liable. You have already served the equivalent of a 12 month term on remand and so the result of the prison sentences imposed this morning is that you will be free to leave the court.

3. You did behave badly, so far as the motor tricycle was concerned and we are glad that you have acknowledged your obligation to repay the owner the money which you defrauded from him, but we are not going to order you, by way of a compensation order, to pay that money. You will, obviously, if you fail to pay the money, be liable to be pursued by the owner in the civil courts but we are not going to impose a compensation order with the risk that you might be brought back before this court and liable to a further term of imprisonment. The reason for that is, as we have said, we think it is time this matter was drawn to a close and you will leave this Court having served your penalty to society. No Authorities Page Last Updated: 22 Sep 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII

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