Jersey Judgment

AG v Ford [2004] JRC 001 (02 January 2004)

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Source document

01

Holding and result

The defendant's immediate breach of the court's order, disrespect for the court, and subsequent violent conduct justified a custodial sentence, taking into account mitigation, guilty pleas, and time spent on remand.

Court disposition

convicted and sentenced

Orders

  • 3 months' imprisonment on each of counts 1, 2, and 3 of the current indictment, to run concurrently (total 3 months)
  • 3 months' imprisonment on count 1, 9 months' imprisonment on counts 2 and 3 of the previous indictment, to run concurrently with each other but consecutively to the current indictment (total 12 months)
  • Exclusion order from licensed premises (except those with a 6th category licence) for 12 months from today
  • Discharge of the previous probation order and exclusion order imposed on 3rd October, 2003

02

Material facts

Parties

Attorney General

Prosecutor

Ford

Defendant Counsel: defence counsel

Amounts and remedies

  • Imprisonment (current Indictment): months 3
  • Imprisonment (previous Indictment): months 12
  • Exclusion Order Duration: months 12

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

Party arguments

Applicant
The defendant breached the court's order by entering licensed premises, becoming intoxicated, causing a nuisance, and being violent and aggressive towards police officers.
Respondent
Mitigation was presented by defence counsel, including guilty pleas and time spent in custody on remand.

05

Court’s reasoning

  1. 01

    A. G. -v- Ford [2003]JRC171

    Breach of court orders and sentencing for contempt and related offences

  2. 02

    Licensed Premises (Exclusion of Certain Persons) (Jersey) Law 1998

    Exclusion from licensed premises under statutory authority

06

Ratio, limits and disposition

Ratio decidendi

The defendant's immediate breach of the court's order, disrespect for the court, and subsequent violent conduct justified a custodial sentence, taking into account mitigation, guilty pleas, and time spent on remand.

Obiter and limits

  • The exclusion order will have no practical effect if the defendant leaves the Island after serving the sentence.

Court disposition

convicted and sentenced

  • 3 months' imprisonment on each of counts 1, 2, and 3 of the current indictment, to run concurrently (total 3 months)
  • 3 months' imprisonment on count 1, 9 months' imprisonment on counts 2 and 3 of the previous indictment, to run concurrently with each other but consecutively to the current indictment (total 12 months)
  • Exclusion order from licensed premises (except those with a 6th category licence) for 12 months from today
  • Discharge of the previous probation order and exclusion order imposed on 3rd October, 2003

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

[2004] JRC 001

JUDGMENT THE BAILIFF: 1. I am not going to repeat everything the Court said to you on 3 rd October, last year. At that time you were given a chance to make a new start. You were warned that, if you did not behave yourself and that if you did go into licensed premises, you would very likely end up in prison. You showed disrespect, indeed contempt, for the order of the Court as within hours you were drunk on licensed premises, making a nuisance of yourself and in addition you were violent and aggressive with police officers who were only doing their job.

2. We have no option now but to sentence you to imprisonment. We have taken into account all the submissions made by your counsel. You are entitled to credit for your guilty pleas. We also take into account the time spent in custody on remand, and will give some allowance for the fact that the time spent on remand before the 3 rd October, will not count against the sentence which we are about to impose.

3. We also take account of all the other mitigation available to you and outlined by your counsel. Taking all those matters into account the sentence of the Court is as follows. So far as this indictment is concerned you will be sentenced on count 1 to 3 months' imprisonment, on count 2 to 3 months' imprisonment, concurrent, and on count 3 to 3 months' imprisonment concurrent, making a total of 3 months' imprisonment on the current indictment. So far as the indictment for which you were sentenced on the 3 rd October, 2003, is concerned you will be sentenced on count 1 to 3 months' imprisonment, on count 2 to 9 months' imprisonment and on count 3 to 9 months' imprisonment, all those sentences to run concurrently with each other but consecutively to the sentences on this indictment making a total of 12 months' imprisonment.

4. We also impose an exclusion order to date from today excluding you from licensed premises except those premises holding a 6 th category licence of 12 months. We appreciate, of course, that this order will have no practical effect if you do decide to leave the Island after you have served your sentence of imprisonment. While you remain in the Island, this will be in force and you must obey it, and if you do not, then obviously you will be at risk of further punishment.

5. We discharge the Probation Order and we discharge the exclusion order imposed on the 3 rd October, 2003. Authorities A. G. -v- Ford [2003]JRC171. Licensed Premises (Exclusion of Certain Persons) (Jersey) Law 1998. Page Last Updated: 29 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.

A. G. -v- Ford [2003]JRC171

Case cited

Licensed Premises (Exclusion of Certain Persons) (Jersey) Law 1998

Legislation

Legislation referenced in the available case record.

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