Jersey Judgment

AG -v- Nicolle [2005] JRC 037 (01 April 2005)

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Source document

01

Holding and result

The defendant's repeated non-compliance with community service and probation orders necessitated revocation of those orders and imposition of a custodial sentence, with mitigation for time spent on remand and under curfew.

Court disposition

custodial sentence imposed; previous orders revoked

Orders

  • Community Service Order revoked
  • Probation Order revoked
  • 1 month's imprisonment on Count 1 (concurrent)
  • 12 months' imprisonment on Count 2 (concurrent)
  • 1 month's imprisonment on Count 3 (concurrent)
  • No further order for offences subject to community service
  • Total sentence: 12 months' imprisonment

02

Material facts

Parties

Unknown Defendant

Defendant

Crown

Prosecution Counsel: Crown Advocate

Amounts and remedies

  • Imprisonment (total): months 12

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

Whether the defendant's failure to comply with community service and probation orders warrants revocation and imposition of a custodial sentence

Party arguments

Applicant
The defendant presented a written statement and spoke in mitigation, highlighting compliance with a curfew and the passage of time since the offences.
Respondent
The Crown Advocate argued that the defendant failed to comply with the Community Service Order and Probation Order, and that these orders should be revoked in favor of a custodial sentence.

05

Court’s reasoning

  1. 01

    court's reasoning

    Failure to comply with court orders may justify revocation and imposition of a custodial sentence.

06

Ratio, limits and disposition

Ratio decidendi

The defendant's repeated non-compliance with community service and probation orders necessitated revocation of those orders and imposition of a custodial sentence, with mitigation for time spent on remand and under curfew.

Obiter and limits

  • The court took into account the time elapsed since the offences and the defendant's compliance with curfew.

Court disposition

custodial sentence imposed; previous orders revoked

  • Community Service Order revoked
  • Probation Order revoked
  • 1 month's imprisonment on Count 1 (concurrent)
  • 12 months' imprisonment on Count 2 (concurrent)
  • 1 month's imprisonment on Count 3 (concurrent)
  • No further order for offences subject to community service
  • Total sentence: 12 months' imprisonment

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[2005] JRC 037

JUDGMENT THE BAILIFF: 1. The Court has given you two opportunities. As the Crown Advocate has rightly said you have not taken advantage of those opportunities, because you have failed to comply with the Community Service Order, and indeed with the Probation Order.

2. We have no option but to agree with the Crown Advocate that these orders should be revoked and that a custodial sentence should be imposed.

3. We are going to take account of the fact that you were on remand for a short period in 2003 and that you were under a curfew for a period of 11 months as you have told us, which was an imposition on your liberty. We are accepting your statement that you complied with that curfew during that time. We also take account of the fact that these matters happened some time ago.

4. We have also taken into account the matters which you placed in your written statement, which you handed up to us, and to the other matters to which you referred while you were speaking in mitigation. Taking all those matters into account we are going to reduce the conclusions and you will be sentenced on Count 1 of the indictment, for which you were placed on probation, to 1 month's imprisonment; on Count 2 to 12 months' imprisonment; on Count 3 to 1 month's imprisonment, all those sentences to be concurrent. We will make no further order in respect of the offences for which you were ordered to perform community service and the sentence of the Court is, therefore, that you will serve a total of 12 months' imprisonment. No Authorities Page Last Updated: 18 Aug 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII

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