AG -v- Cox [2013] JRC 066 (05 April 2013)
- Citation
- [2013] JRC 066
- 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
Given the defendant's extensive criminal record, high risk of reoffending, and unwillingness to undertake community service, concurrent custodial sentences of 21 months on each count are warranted.
Court disposition
convicted and sentenced
Orders
- 21 months' imprisonment on each count, to run concurrently
02
Material facts
Parties
Attorney General
ProsecutionUnnamed Defendant
Defendant Counsel: defence counselAmounts and remedies
- Value of Stolen Computer: GBP 1,500
- Length of Sentence Per Count: months 21
- Number of Convictions: 126
- Number of Dishonesty Offences: 36
03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
appropriate sentence for repeat burglary and theft
- 02
consideration of defendant's criminal history and risk of reoffending
Party arguments
- Applicant
- The Crown sought custodial sentences in light of the defendant's repeated offending, high risk of reoffending, and refusal to undertake community service.
- Respondent
- Defence counsel made all possible submissions in mitigation, but the defendant admitted guilt and accepted responsibility.
05
Court’s reasoning
Legal principles
- 01
Whelan on Aspects of Sentencing in the Superior Courts of Jersey
Sentences must reflect the seriousness of repeat offending and protect the public.
- 02
AG-v-Gaffney 1995/101
Custodial sentences are appropriate where there is a high risk of reoffending and community service is not viable.
- 03
AG-v-Cox [2011] JRC 087
Concurrent sentences may be imposed for related offences arising from the same course of conduct.
06
Ratio, limits and disposition
Ratio decidendi
Given the defendant's extensive criminal record, high risk of reoffending, and unwillingness to undertake community service, concurrent custodial sentences of 21 months on each count are warranted.
Obiter and limits
- The Court urges the defendant to take advantage of courses available in prison to facilitate rehabilitation.
- Future sentences are likely to increase if offending continues.
Court disposition
convicted and sentenced
- 21 months' imprisonment on each count, to run concurrently
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. Some 7 weeks after your release from prison where you had served a sentence of 3 years' imprisonment for various offences, including illegal entry, you entered commercial premises illegally. You stole a Vaio computer, valued at approximately £1,500. About 1 week later you broke into the same premises and stole the keyboard and mouse that went with that computer. The first entry was an opportunist one, the door being ajar.
2. You have made early admissions and you have pleaded guilty. You have told the probation officer that you are not willing to perform a Community Service Order even if the Court were minded to impose one, and I can confirm to you that we were not. You are assessed as being at high risk of committing further offences. At the age of 26 you have 126 convictions for various offences including 36 offences of dishonesty.
3. Your counsel has said absolutely everything that could be said on your behalf. You must realise the Courts will not stand by and allow your criminal conduct to go unpunished. The sentences imposed are only likely to increase in the future if you continue offending. It is your life and it is your choice. No-one else can make these choices but you; you are right that there is no-one to blame for this offending. You can change if you want to but you must want to do so.
4. We are going to grant the conclusions of the Crown. We urge you to take advantage of the courses which are available to you in prison. You are sentenced to 21 months' imprisonment on each count, concurrent. Authorities Whelan on Aspects of Sentencing in the Superior Courts of Jersey. AG-v-Gaffney 1995/101. AG-v-Cox [2011] JRC 087 . Page Last Updated: 16 Sep 2016 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
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