AG v Hunt [2003] JRC 005 (10 January 2003)
- Citation
- [2003] JRC 005
- 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 repeatedly breached community service orders and committed further offences, leaving no alternative but imprisonment. Credit was given for partial completion of community service, but the overall sentence reflects the gravity of the offences and the failure to take advantage of prior leniency.
Court disposition
convicted and sentenced to imprisonment
Orders
- 1 month's imprisonment with 6 months' exclusion order from licensed premises except category 6, effective upon release
- 1 month's imprisonment consecutive
- 1 month's imprisonment concurrent to count 2 but consecutive to count 1
- 4 months and 2 weeks imprisonment for breach of community service
- forfeiture and destruction of drugs
- discharge of community service order
02
Material facts
Parties
Unnamed Defendant
DefendantCrown
ProsecutionAmounts and remedies
- Community Service Hours Ordered: 150
- Total Imprisonment: months 6.5
- Exclusion Order Duration: months 6
03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
sentencing for repeated breaches of community service
- 02
sentencing for assault
- 03
sentencing for drug possession
- 04
sentencing for driving under influence
Party arguments
- Applicant
- Defendant pleaded guilty, expressed remorse, and submitted a letter accepting responsibility and acknowledging no alternative to prison.
- Respondent
- Crown argued for a broad view and that the correct sentence is one-half of what the Royal Court originally intended.
05
Court’s reasoning
Legal principles
- 01
Royal Court precedent
Sentencing must reflect seriousness of repeated breaches and gravity of assault.
- 02
Court discretion
Credit for partial completion of community service.
06
Ratio, limits and disposition
Ratio decidendi
The defendant repeatedly breached community service orders and committed further offences, leaving no alternative but imprisonment. Credit was given for partial completion of community service, but the overall sentence reflects the gravity of the offences and the failure to take advantage of prior leniency.
Obiter and limits
- Drinking for 9½ hours without food contributed to the offence.
- Defendant was found with personal amounts of ecstasy and cannabis on arrest.
Court disposition
convicted and sentenced to imprisonment
- 1 month's imprisonment with 6 months' exclusion order from licensed premises except category 6, effective upon release
- 1 month's imprisonment consecutive
- 1 month's imprisonment concurrent to count 2 but consecutive to count 1
- 4 months and 2 weeks imprisonment for breach of community service
- forfeiture and destruction of drugs
- discharge of community service order
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. You were given 150 hours community service for a grave and criminal assault which consisted of punching your victim whilst sitting astride him on the ground. You then breached that order after a few days by committing an offence of being in charge of a motor vehicle with over the prescribed level of alcohol, and now you are in breach again by committing this assault on a person in a public house by punching him twice in the face.
2. We have listened to the background to the offence and we understand the circumstances in which it came to be committed but there is absolutely no excuse for what you did.
3. We have no doubt that the offence was contributed to by the fact that you had been drinking for some 9½ hours without food. On arrest you were also found to have personal amounts of ecstasy and cannabis placing you also in breach of the community service order.
4. We take account of your guilty plea and we do accept that you are ashamed and remorseful for what you have done; and we have read carefully the letter you have written. But we think you are absolutely right to accept that there is no alternative to prison because you have not taken advantage of the chance you were given in August.
5. The Court at that time said that 9 months was the appropriate sentence for the grave and criminal assault. You have carried out just over one-half of the community service in good time and that stands to your credit but, nevertheless, we agree with the Crown that a broad view must be taken and that the correct sentence for that offence is one-half of what the Royal Court had originally in mind.
6. So the sentences are as follows: Count 1: 1 month's imprisonment with an exclusion order for a period of 6 months' from all categories of licensed premises except category 6 to take effect from the day on which you are released from prison. Count 2: 1 month's imprisonment, consecutive. Count 3: 1 month's imprisonment concurrent to count 2 but consecutive to count 1. In other words, 2 months' on the indictment. In relation to the offences for which you were placed on community service we order a sentence of 4 months and 2 weeks. We order forfeiture and destruction of the drugs and we discharge the community service order. So the total, in other words, is 6 months and 2 weeks. No Authorities Page Last Updated: 17 Aug 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
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