Jersey Judgment

AG v Corcoran [2001] JRC 218 (26 October 2001)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

Robbery at knife point in broad daylight is so serious that only a custodial sentence is appropriate, even for a young first offender, due to the need for deterrence and public protection.

Court disposition

convicted and sentenced

Orders

  • Sentenced to 2.5 years Youth Detention
  • Subject to supervision by a probation officer or other officer upon release

02

Material facts

Parties

Corcoran

Accused Counsel: Defence counsel

Crown

Prosecution Counsel: Crown Advocate

Amounts and remedies

  • Sentence Length: years 2.5

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

Party arguments

Applicant
The accused is a first offender, pleaded guilty at an early stage, is very young, and the victim suffered no serious injury. These are important mitigating factors. The accused feels remorse and hopes to overcome addiction.
Respondent
The offence was very serious, involved deliberation, and was aggravated by the accused being under the influence of drugs. General deterrence is important and a custodial sentence is necessary.

05

Court’s reasoning

  1. 01

    AG-v-Whitely (18th June 1998) Jersey Unreported; AG-v-Gill (3rd June 1999) Jersey Unreported; AG-v-Corcoran (25th October 1996) Jersey Unreported; AG-v-Davey and 2 Ors. (22nd November 1996) Jersey Unreported; AG-v-Turner (20th June 1997) Jersey Unreported; AG-v-Carboulec and Anor. (20th March 1998) Jersey Unreported; AG-v-Monet & Le Feuvre (5th October 1998) Jersey Unreported

    Serious offences involving violence and weapons require immediate custodial sentences for deterrence and public protection.

  2. 02

    Criminal Justice Young Offenders (Jersey) Law 1994

    Mitigating factors such as youth, first offence, early guilty plea, and lack of serious injury to the victim may reduce but do not eliminate the need for custody in serious cases.

06

Ratio, limits and disposition

Ratio decidendi

Robbery at knife point in broad daylight is so serious that only a custodial sentence is appropriate, even for a young first offender, due to the need for deterrence and public protection.

Obiter and limits

  • The court hopes the accused will overcome addiction and make something of his life after release.
  • The court must protect members of the public going about their lawful business.

Court disposition

convicted and sentenced

  • Sentenced to 2.5 years Youth Detention
  • Subject to supervision by a probation officer or other officer 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 218

JUDGMENT THE BAILIFF: 1. This was a very serious offence of robbing at knife point which must have been a terrifying experience for the young woman who was threatened and expected that she was going to be stabbed. It appears that the accused was seen loitering in the vicinity and there was, therefore, an element of deliberation. The Courts must do what they can to protect members of the public going about their lawful business on the streets of the town. The accused was under the influence of drugs of some kind, but that is, in fact, an aggravating factor. He is aged eighteen and the provisions of the Criminal Justice Young Offenders (Jersey) Law 1994 , therefore, apply. We have no doubt, however, that this offence is so serious that a non custodial sentence cannot be justified.

2. In mitigation, the accused is a first offender. Furthermore, he has pleaded guilty and the Crown Advocate regards that plea as having particular value in the context of this case. Defence counsel has reminded us that the plea was forthcoming at a very early stage. The victim fortunately suffered no serious injury apart, obviously, from the shock of the attack. The accused, as has also been said, is a very young man. These are important mitigating factors. We agree with the Crown Advocate that general deterrence is an important factor. This Court must make it clear, as it has done in the past, that offences of this kind will attract immediate custodial sentences, usually of considerable length.

3. Corcoran, your Advocate has said on your behalf everything which could properly be said. We have read your letter and we accept that you feel full of remorse for what happened. We hope that you will succeed in conquering your addiction and that when you are released from custody you will make something of your life. For the reasons which we have given we have, in the meantime, to punish you for this very serious crime. The law requires me to explain to you the reason for imposing a custodial sentence which is that threatening someone at knife point and robbing her in broad daylight is so serious an offence that no other method of dealing with it is appropriate. I have to tell you that when you have served your sentence you will be liable to supervision by a probation officer, or some other officer. The conclusions are granted and you are sentenced on the single count on the indictment to 2 ½ years Youth Detention. Authorities AG-v-Whitely (18th June 1998) Jersey Unreported; [1998/126]. AG-v-Gill (3rd June 1999) Jersey Unreported; [1999/98]. AG-v-Corcoran (25th October 1996) Jersey Unreported. AG-v-Davey and 2 Ors. (22nd November 1996) Jersey Unreported. AG-v-Turner (20th June 1997) Jersey Unreported. AG-v- Carboulec and Anor . (20th March 1998) Jersey Unreported; [1998/56] AG-v-Monet & Le Feuvre (5th October 1998) Jersey Unreported; [1998/197] 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-Whitely (18th June 1998) Jersey Unreported; [1998/126]

Case cited

AG-v-Gill (3rd June 1999) Jersey Unreported; [1999/98]

Case cited

AG-v-Corcoran (25th October 1996) Jersey Unreported

Case cited

AG-v-Davey and 2 Ors. (22nd November 1996) Jersey Unreported

Case cited

AG-v-Turner (20th June 1997) Jersey Unreported

Case cited

AG-v-Carboulec and Anor. (20th March 1998) Jersey Unreported; [1998/56]

Case cited

AG-v-Monet & Le Feuvre (5th October 1998) Jersey Unreported; [1998/197]

Case cited

Criminal Justice Young Offenders (Jersey) Law 1994

Legislation

Legislation referenced in the available case record.

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