AG v Harben [2007] JRC 100 (11 May 2007)
- Citation
- [2007] JRC 100
- 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
The defendant's irresponsible conduct in breaching the court order, though not deliberate, justifies an increase in community service hours rather than imprisonment.
Court disposition
community service orders increased
Orders
- Existing community service orders discharged
- New community service orders imposed: 80 hours for previous counts, 80 hours for breach offences, total 160 hours community service
02
Material facts
Parties
Mr Harben
DefendantAmounts and remedies
- Total Community Service Hours Imposed: 160
03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
Whether the defendant's breach of the court order warrants imprisonment or an increase in community service hours
05
Court’s reasoning
Legal principles
- 01
court's reasoning
Failure to comply with court orders may result in increased punishment, but imprisonment is not always necessary if there is no deliberate flouting of the order.
06
Ratio, limits and disposition
Ratio decidendi
The defendant's irresponsible conduct in breaching the court order, though not deliberate, justifies an increase in community service hours rather than imprisonment.
Obiter and limits
- The defendant is at very high risk of imprisonment if brought back for further breaches.
Court disposition
community service orders increased
- Existing community service orders discharged
- New community service orders imposed: 80 hours for previous counts, 80 hours for breach offences, total 160 hours community service
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. We accept that there was not an intention to deliberately flout the Court's order, but nevertheless this was quite irresponsible behaviour on your part. You knew the Court proceedings were coming up, you had been in touch with the office, you should, without doubt, have got their permission to leave.
2. Nevertheless in all the circumstances we don't think it is necessary to send you to prison, so we are not going to do that. On the other hand we do think it right to mark your failure by increasing your punishment a little. So what we are going to do is discharge the existing community service orders and we are going to add a total of 20 hours to mark your failure. So we now impose new community service orders of 80 hours for the two Counts for which you were before the Court last time, and 80 hours for the offences for which you were in breach last time, making a total of 160 hours community service. You must understand Mr Harben that you have had several chances now, so you must perform this work to the letter. You must turn up exactly when you are expected to, work hard and fulfil the order completely because if you are brought back again then you really are at very high risk of being sent to prison. No Authorities Page Last Updated: 10 Jun 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
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