AG -v- Nicolas [2007] JRC 013 (19 January 2007)
- Citation
- [2007] JRC 013
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Sentencing
More details
- Posture
- Criminal / Sentencing
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court imposed community service and probation instead of youth detention, considering the defendant's age, lack of injury caused, and statutory requirement to prefer alternatives to detention.
Court disposition
Community Service Order and Probation Order imposed; breach addressed.
Orders
- Complete outstanding 80 hours of community service
- Serve 12 month Probation Order
- Attend alcohol study group as required
02
Material facts
Parties
Unnamed Defendant
DefendantThe Crown
ProsecutionAmounts and remedies
- Outstanding Community Service Hours: 80
- Probation Order Duration (months): 12
03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
Appropriate sentencing for young offender
- 02
Breach of Community Service Order
- 03
Requirement for youth detention under statute
Party arguments
- Applicant
- Defendant has excellent references and did not cause injury; mitigating factors include age and drinking problem.
- Respondent
- Crown recommends following statutory guidance and imposing community service and probation, with additional requirements for alcohol rehabilitation.
05
Court’s reasoning
Legal principles
- 01
Criminal Justice (Young Offenders) (Jersey) Law 1994
Court shall not pass a sentence of youth detention unless it considers there is no other method of dealing with the young person.
06
Ratio, limits and disposition
Ratio decidendi
The court imposed community service and probation instead of youth detention, considering the defendant's age, lack of injury caused, and statutory requirement to prefer alternatives to detention.
Obiter and limits
- Police officers are not looking for trouble; defendant's behaviour was unacceptable.
- Defendant must address drinking problem and comply with all requirements.
Court disposition
Community Service Order and Probation Order imposed; breach addressed.
- Complete outstanding 80 hours of community service
- Serve 12 month Probation Order
- Attend alcohol study group as required
Source and reliance status
Official court record
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Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
JUDGMENT THE COMMISSIONER: 1. It is recommended by the Probation Service that you be made subject to a Community Service Order. If you were not 19 years old we would be considering imprisonment. The Criminal Justice (Young Offenders) (Jersey) Law 1994 states "the Court shall not pass a sentence of youth detention unless it considers there is no other method of dealing with the young person".
2. You will recall when you appeared in the Royal Court on 14 th October, 2005, the Court said, quite strongly, that it had been considering a youth detention of 18 months, but it eventually decided to impose Community Service.
3. I think you are fortunate that you did not cause any injury to the police officer when you bit him. You have some excellent references, but you must come to grips with your drinking problem. Police officers are not looking for trouble, they only came to the flat because of your totally unacceptable behaviour.
4. We are going to follow the conclusions of the Crown on Counts 1, 2 and 3 and the breach of the Community Service Order. We will order that you complete the outstanding 80 hours, but you must also serve a 12 month Probation Order and in order to help you with your drink problem it is required that you attend the alcohol study group. It is absolutely essential that when you are told to attend a meeting you attend it. If you do not, you will be brought back here, and we are not going to be as lenient as we have been today. Authorities Criminal Justice Young Offenders (Jersey) Law 1994. Page Last Updated: 26 Jun 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
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