Jersey Judgment

AG -v- Le Coguiec [2018] JRC 113B (29 June 2018)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The defendant failed to comply with the Community Service Order despite repeated warnings and opportunities, justifying discharge of the order and imposition of a custodial sentence.

Court disposition

Community Service Order and Probation Order discharged; custodial sentence imposed.

Orders

  • Defendant to serve 12 months imprisonment

02

Material facts

Parties

Unknown (Defendant)

Defendant

Attorney General

Prosecutor

Amounts and remedies

  • Original Community Service Hours Ordered: 312
  • Community Service Hours Completed: 130
  • Community Service Hours Outstanding: 182
  • Custodial Sentence (months): 12

03

Procedural history

  1. Posture

    Criminal / Sentencing for Breach of Community Service Order

04

Questions and positions

Legal issues

Party arguments

Applicant
Mitigation advanced on behalf of the defendant, including explanations for non-compliance.
Respondent
Defendant failed to comply despite multiple warnings and opportunities, including a meeting with the Solicitor General.

05

Court’s reasoning

  1. 01

    AG v Le Coguiec [2017] JRC 120

    Failure to comply with a Community Service Order after clear warnings justifies custodial sentence.

06

Ratio, limits and disposition

Ratio decidendi

The defendant failed to comply with the Community Service Order despite repeated warnings and opportunities, justifying discharge of the order and imposition of a custodial sentence.

Court disposition

Community Service Order and Probation Order discharged; custodial sentence imposed.

  • Defendant to serve 12 months imprisonment

Source and reliance status

Official court record

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Judgment reading view

Judgment text

The complete available source text.

Source document

Court record

Judgment

[2018] JRC 113B

JUDGMENT THE DEPUTY BAILIFF: 1. You are to be dealt with today for breach of a Community Service Order imposed by this court on 28 th July, 2017. You were to complete 312 hours of community service, but your compliance was haphazard and you completed only 130 hours, leaving 182 hours outstanding before you were removed from the scheme. The original offence in respect of which the order was made related to postal importation of unlawful drugs.

2. We note all that has been said on your behalf and the mitigation that has been advanced was all that it could be. But we also note that you were given very many warnings indeed, including the chance of a meeting with the Solicitor General whose decision to refer the matter to the court it was, and you were not able to persuade him that you were committed to dealing with the matter appropriately.

3. At paragraph 7 of the judgment of the sentencing court (AG-v-Le Coguiec [2017] JRC 120 ), the court said this:- "Now you are clear that you are going to cooperate with the Probation Department. You appreciate that with that number of hours of community service it will take over some 2 years to complete, nearly every weekend you are going to have to turn up and do the hour's necessary. You have to turn up when requested. You have got to conduct yourself properly otherwise if you do not you will be brought back here and you will go to prison almost certainly." You had a warning in the clearest possible terms, and in our view that was the final warning.

4. We discharge the Probation Order and Community Service Order and you will go to prison for 12 months. Authorities AG v Le Coguiec [2017] JRC 120 . Criminal Justice (Community Service Orders) (Jersey) Law 2001. Page Last Updated: 18 Jul 2018 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

AG v Le Coguiec [2017] JRC 120

Case cited

Criminal Justice (Community Service Orders) (Jersey) Law 2001

Legislation

Legislation referenced in the available case record.

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