AG v Jima-Otero [2019] JRC 018 (08 February 2019)

JUDGMENT THE DEPUTY BAILIFF: 1. We are not going to set out the background and the details, the press will have the ability to look at the statement of facts and will therefore know that this relates to a breach of a Community Service Order. We understand as far as we are able the reasons why you have found it a challenge to undertake the requirements of the Court Order made on that last occasion, and we have read the judgment of the Court on the previous occasion which states that you are of a low risk of reoffending and that you had considerable mitigation available to you at that time. Having read the paperwork we respectfully agree with the assessment of the Court on the previous occasion.

2. We accept that your failure to complete the Community Service Order was due to a very large measure, if not entirely, to the Post-Traumatic Stress Disorder that you are suffering from at the moment and we have of course read the reports.

3. It would be open of course to the Court to substitute a custodial sentence, but we are not going to do that, at least not one that applies straight away.

4. Accordingly, we discharge the current orders and we impose in their stead a prison sentence of 5 months, but suspended for a period of 1 year. Now that means that you will not go to prison, if you do not reoffend. If you behave yourself in every way over the period of the next 12 months and are not back before any court in connection with a criminal matter then that sentence will no longer be hanging over your head.

5. If however you do offend and you are back before a court, then you may well be sentenced and required to serve that period of imprisonment. Authorities AG -v- Jima-Otero [2017] JRC 163 Criminal Justice (Community Service Orders) (Jersey) Law 2001 Louis v AG [2010] JRC 170 Criminal Justice (Suspension of prison Sentences) (Jersey)Law 2003 Page Last Updated: 01 Mar 2019 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII