Jersey Judgment

AG v Hunt [2003] JRC 005 (10 January 2003)

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Source document

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

Defendant

Crown

Prosecution

Amounts and remedies

  • Community Service Hours Ordered: 150
  • Total Imprisonment: months 6.5
  • Exclusion Order Duration: months 6

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

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

  1. 01

    Royal Court precedent

    Sentencing must reflect seriousness of repeated breaches and gravity of assault.

  2. 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

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Judgment text

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Source document

Court record

Judgment

[2003] JRC 005

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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