AG -v- Dickinson [2007] JRC 085 (20 April 2007)
- Citation
- [2007] JRC 085
- 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 offences and the defendant's repeated dangerous driving, the court determined that a custodial sentence was not the only appropriate method of dealing with the offender, given his age and the statutory requirements. The court imposed community service, probation, and disqualification from driving as alternative punishments.
Court disposition
non-custodial sentence imposed
Orders
- Disqualification from driving for two years on each relevant count
- Community service: 90 hours on Count 1 and 90 hours on Count 5, consecutive (total 180 hours), or in default 12 months' youth detention
- Probation for two years on all other counts, subject to standard and specific conditions
02
Material facts
Parties
Dickinson
DefendantAmounts and remedies
- Community Service Hours: 180
- Probation Period (months): 24
- Driving Disqualification Period (months): 24
03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
Whether custodial sentence is appropriate for a young offender convicted of dangerous driving and related offences
- 02
Appropriate alternative sentencing measures under the Criminal Justice Young Offenders (Jersey) Law 1994
Party arguments
- Applicant
- N/A (defendant pleaded guilty; no substantive mitigation argument recorded)
- Respondent
- Crown Advocate submitted that custodial sentence was deserved given the seriousness and repeated nature of the offences.
05
Court’s reasoning
Legal principles
- 01
Criminal Justice Young Offenders (Jersey) Law 1994
Court must not impose a custodial sentence on a young offender unless satisfied that no other method is appropriate.
06
Ratio, limits and disposition
Ratio decidendi
Despite the seriousness of the offences and the defendant's repeated dangerous driving, the court determined that a custodial sentence was not the only appropriate method of dealing with the offender, given his age and the statutory requirements. The court imposed community service, probation, and disqualification from driving as alternative punishments.
Obiter and limits
- The defendant is an intelligent young man capable of rehabilitation if he complies with the court's orders.
- If the defendant continues breaking the law, his future will be grim, but compliance offers a chance for success.
Court disposition
non-custodial sentence imposed
- Disqualification from driving for two years on each relevant count
- Community service: 90 hours on Count 1 and 90 hours on Count 5, consecutive (total 180 hours), or in default 12 months' youth detention
- Probation for two years on all other counts, subject to standard and specific conditions
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 BAILIFF: 1. This defendant has pleaded guilty to a number of Counts on two Indictments involving Road Traffic and other offences, and, in particular, driving at a dangerous speed on two occasions separated by only two days. On one of those occasions he had been warned by the Police as to his driving only a short time before. The speed at which the defendant was driving was grossly excessive and it is extremely fortunate that he did not kill either his passengers or innocent passers-by.
2. Dickinson is 20 years old and the provisions of the Criminal Justice Young Offenders (Jersey) Law 1994 apply, prohibiting the Court from imposing a custodial sentence unless the Court is satisfied that no other method of dealing with the offender is appropriate.
3. Notwithstanding the provisions of the Law we think that the conclusions of the Crown Advocate are perfectly correct. Dickinson you deserve to go to prison and we hope that you understand that. We are not in fact going to impose a custodial sentence and we are going to take a risk. I want you to listen very carefully to what I am going to say. You are an intelligent young man. You know what kind of behaviour is acceptable and what is not acceptable. We have read all the reports. We understand the difficulties that you have gone through in the past, but you are now 20 years old and I am afraid you have to put all those things behind you and look to the future. If you continue breaking the law your future is grim. If, on the other hand, you take the opportunity, which the Court is going to offer you, we are convinced that you can make something of your life and make a success of it.
4. We have to punish you, obviously, for the offences that you have committed and that punishment is going to consist of three elements. (i) We are going to disqualify you for a period of two years, which is the minimum that we think we can disqualify you for, having regard to the offences that you have committed. (ii) We are going to order you to do community service for 180 hours and the equivalent to that, in custodial terms, is 12 months' youth detention. (iii) We are going to place you on probation for a period of two years, subject to the usual conditions that you behave yourself during that time, that you live and work as directed by your Probation Officer and that you comply with any other conditions or recommendations that the Probation Officer will lay down. In particular, it will conclude a condition that you comply with any suggestions that Mr Hollywood may make, and that you attend upon him when you are asked to do so, and that you attend upon the Probation Officer when you are due to attend upon him. A plan will be drawn up by Mr Ibbotson and you will have to sign that and comply with all its conditions. Now I want to ask you very expressly whether you are prepared to comply with all those things because if you are not prepared to comply you will leave the Court with only one other option. Are you prepared to go along with all those matters? [Defendant answers affirmatively].
5. We formally sentence you on Count 1 to 90 hours' community service, or in default 6 months' youth detention; on Count 5 to 90 hours' community service or in default 6 months' youth detention, consecutive. On all the other Counts on the two Indictments you will be placed on probation for two years, subject to all the conditions that I have mentioned, and we disqualify you on every Count, that carries disqualification as an optional penalty, for a period of two years. Authorities Criminal Justice Young Offenders (Jersey) Law 1994. Page Last Updated: 10 Jun 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
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