Jersey Judgment

AG v Lopes [2001] JRC 63 (16 March 2001)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

Given the defendant's failure to respond to non-custodial sentences and repeated offending, a custodial sentence is necessary despite her young age.

Court disposition

convicted and sentenced

Orders

  • 15 months' Youth Detention as total sentence
  • Probation Orders discharged
  • Possible supervision upon release

02

Material facts

Parties

Miss Lopes

Defendant Counsel: Mr Livingstone

The Crown

Prosecution

Amounts and remedies

  • Total Youth Detention Sentence: months 15

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

Party arguments

Applicant
Mitigation advanced on behalf of the defendant, including age and previous probation.
Respondent
Crown submits custodial sentence is necessary due to repeated offending and failure to respond to non-custodial measures.

05

Court’s reasoning

  1. 01

    Criminal Justice (Young Offenders) (Jersey) Law 1994, Article 4

    Article 4 of the Criminal Justice (Young Offenders) (Jersey) Law 1994 applies to offenders under 21.

06

Ratio, limits and disposition

Ratio decidendi

Given the defendant's failure to respond to non-custodial sentences and repeated offending, a custodial sentence is necessary despite her young age.

Court disposition

convicted and sentenced

  • 15 months' Youth Detention as total sentence
  • Probation Orders discharged
  • Possible supervision upon release

Source and reliance status

Official court record

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Judgment text

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Source document

Court record

Judgment

[2001] JRC 63

JUDGMENT THE DEPUTY BAILIFF: 1. Miss Lopes, on the 22nd September of last year you were given a chance by this Court when you were placed on probation, and the Court said at the time that if you were not of good behaviour you would be brought back and you would probably end up being sent to prison. Well, you have not taken advantage of that opportunity and you are now back before the Court for further offences.

2. We have listened very carefully to what Mr Livingstone has had to say on your behalf and we have read the reports. We have also taken into account that you are still only 18 and that therefore Article 4 of the Criminal Justice (Young Offenders) (Jersey) Law 1994 applies to you, but we are satisfied that in view of your failure to respond to non-custodial sentences, there is no alternative but to a custodial sentence on this occasion.

3. We think the Crown have taken full account of all the mitigation available to you, and therefore we are going to grant their conclusions. On Count 2, however, we think that for a second offence of possession of drugs, and possession of class A drugs on this occasion, the correct sentence would be 3 months' Youth Detention.

4. With regard to the breach of the Royal Court's Probation Order of 22nd September, 2000, on the first indictment: 15 months' Youth Detention on all counts. On the second indictment: 15 months' Youth Detention concurrent on all the counts of obtaining by false pretences, and 9 months' Youth Detention concurrent on the count of larceny.

5. For the offences for which you were placed on probation by the Magistrate on 13th October, 2000: 2 weeks' Youth Detention concurrent on each count.

6. Therefore the total sentence imposed will be 15 months' Youth Detention as moved for by the Crown, and we must tell you that you may be subject to supervision when you are released. We discharge the Probation Orders. No Authorities. Page Last Updated: 19 Aug 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII

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Authorities

Authorities used by the court

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Criminal Justice (Young Offenders) (Jersey) Law 1994

Legislation

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