AG v Harrison [2022] JRC 187 (09 September 2022)
- Citation
- [2022] JRC 187
- 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 breaches and further offences, the court determined that the defendant should be given one last chance through probation with psychological treatment, considering the support available and the potential for rehabilitation.
Court disposition
Probation order imposed; community service orders revoked; forfeiture and destruction of drugs ordered.
Orders
- Defendant placed on probation for 18 months with psychological treatment and standard conditions.
- Existing community service orders revoked.
- Forfeiture and destruction of drugs ordered.
02
Material facts
Parties
Mr Harrison
DefendantAttorney General
ProsecutorAmounts and remedies
- Probation Period: 18
03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
Whether the defendant should be sentenced to imprisonment for breach of community service and further drug offences
- 02
Whether probation with conditions is appropriate in lieu of custody
Party arguments
- Applicant
- The Crown moved for custodial sentences due to breach of previous orders and further drug offences.
- Respondent
- The defendant has support from community organizations and individuals, and there is hope for rehabilitation.
05
Court’s reasoning
Legal principles
- 01
court's reasoning in this judgment
Custodial sentences are appropriate for repeated breaches and drug offences, but rehabilitation and support may justify probation in exceptional cases.
06
Ratio, limits and disposition
Ratio decidendi
Despite the seriousness of the breaches and further offences, the court determined that the defendant should be given one last chance through probation with psychological treatment, considering the support available and the potential for rehabilitation.
Obiter and limits
- Drugs do not help with coping and worsen problems in the long run.
- Supplying drugs to others leads to much harsher sentences.
Court disposition
Probation order imposed; community service orders revoked; forfeiture and destruction of drugs ordered.
- Defendant placed on probation for 18 months with psychological treatment and standard conditions.
- Existing community service orders revoked.
- Forfeiture and destruction of drugs ordered.
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 COMMISSIONER: 1. Mr Harrison, you have been brought to this Court for breaching previous orders because you have not completed your community service and because you have committed further offences. The reports that we have had show that you think that cannabis and maybe other drugs are a way of coping with problems which you have. Our experience in Court, from all the other cases we have had, is that drugs do not actually have that effect and they make things worse in the long run; it is a spiral effect, that they continue to have an effect on you after you have taken them and after the immediate effect has worn off.
2. You need to get some help to get yourself under control, because if you do not, the Court, sooner or later, is going to have no option but to send you to prison and it would be for increasing lengths of time. It is also the case that many people who commit possession of drug offences like this, and cannot afford the drugs, end up financing their drug-taking by supplying drugs to others; we have seen that time and time again. In case you were not aware of it - and I am sure you are - if that happens the Court's sentences are very, very much higher and you go to prison for quite a long time.
3. Reading the background reports on you leads us firmly to a conclusion that we do not want to send you to prison. We think that you can be helped and that there is hope, and actually the fact that you have got support from Jersey Association of Youth and Friendship and from the Reverend here, the fact they are here to support you today is a good indicator that people want you to get better, to conquer where you are. So, when you come out of this court today, you have made us a promise. People make promises to court sometimes and do not keep them, but there are those who will support you and you are capable of doing it and you can leave court today with hope. That is quite important because we all need hope in our lives. There are things which can be done for you which will enable you to get past the present problems, and you have to believe that.
4. The Crown today have moved for custodial sentences and we completely understand why. It is just that on this particular occasion, on this particular occasion, we think that you ought to be given one last chance.
5. So, we are going to put you on Probation for a period of 18 months with a condition that you have psychological treatment, and on all the other conditions that are normally attached to a Probation Order. You can talk to the Probation Officer after court, she will help you with those.
6. The existing Community Service Orders are revoked.
7. We do urge you to take advantage of this and to remember - when you get up in the morning say to yourself every morning: I have made a promise to the Court that I am going to do better.
8. The forfeiture and destruction of the drugs is ordered. Authorities AG v Harrison [2021] JRC 142 Page Last Updated: 18 Oct 2022 Back to top About JLIB Accessibility Contacts Disclaimer Feedback Privacy policy Site map © Jersey Legal Information Board 2001- This website is not compatible with your web browser. You should install a newer browser . If you live in Jersey and need help upgrading call the States of Jersey web team on 440099. BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.