Jersey Judgment

AG -v- Louis [2002] JRC 175 (27 September 2002)

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Source document

01

Holding and result

The court decided not to revoke community service or impose imprisonment due to the defendant's positive response to probation, engagement with rehabilitation services, and stable employment, extending the period for completion of community service as an exceptional measure.

Court disposition

community service order extended, no imprisonment imposed

Orders

  • Community service order to continue with an extension of 6 months.
  • Defendant to perform 5 hours of community service each weekend as scheduled.

02

Material facts

Parties

Mr Louis

Defendant

Amounts and remedies

  • Community Service Extension Period: 6
  • Community Service Hours Per Weekend: 5

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

Whether to revoke community service and impose imprisonment for breach of probation

05

Court’s reasoning

  1. 01

    court's oral reasoning

    Breach of probation or community service typically results in imprisonment unless exceptional circumstances exist.

06

Ratio, limits and disposition

Ratio decidendi

The court decided not to revoke community service or impose imprisonment due to the defendant's positive response to probation, engagement with rehabilitation services, and stable employment, extending the period for completion of community service as an exceptional measure.

Obiter and limits

  • If the defendant fails again, imprisonment will be inevitable.
  • Employment is a significant factor in rehabilitation.

Court disposition

community service order extended, no imprisonment imposed

  • Community service order to continue with an extension of 6 months.
  • Defendant to perform 5 hours of community service each weekend as scheduled.

Source and reliance status

Official court record

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Judgment text

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Source document

Court record

Judgment

[2002] JRC 175

JUDGMENT THE DEPUTY BAILIFF: 1. The consequence of such a breach, usually, is that the Court sends people to prison. You understand that? The only thing that prevents us doing so on this occasion is that this really does seem to be a turning point in your life.

2. We are impressed with the way you have responded to the Probation Order, attending the SMART course, the Drug and Alcohol Advisory Service and so forth. We are equally pleased that you now have employment at which you appear to be successful and we earnestly hope that you will keep that employment, turn up for it, and continue to give good service to your employer, because if you have employment that is half the battle.

3. In the light of this we are going to take the exceptional step of not revoking your community service and sending you to prison. You must, however, still do the community service; that is what the Royal Court ordered and therefore you must do it, but we will extend the period by 6 months so that you can do it at the rate that you have told us. In other words 5 hours a weekend, Saturday one week, Sunday the other; this will still enable you to do overtime for your employer. But, I stress, you must do the community service.

4. You must realise that if you "mess it up" this time the Court will then be left with no option. It is leaning over backwards to try and help you on this occasion; if you come back before us it is hard to see any alternative to prison, and the whole vicious circle will start all over again. So it is up to you Mr Louis. No Authorities Page Last Updated: 22 Sep 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII

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