Jersey Judgment

AG -v- O'Brien [2015] JRC 098 (11 May 2015)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

Given the defendant's substantial criminal record, repeated failure of alternative sentencing options, and aggravating factors including alcohol, a custodial sentence is both correct and inevitable.

Court disposition

convicted and sentenced

Orders

  • Imprisonment for 15 months on Counts 1 and 2, to run concurrently.
  • Imprisonment for 12 months on Counts 3, 4, and 5, to run concurrently with each other but consecutively to Counts 1 and 2.
  • Total period of imprisonment: 27 months.

02

Material facts

Parties

Unnamed Defendant

Defendant Counsel: defense counsel

Crown

Prosecutor

Amounts and remedies

  • Total Imprisonment Period: 27

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

Party arguments

Applicant
Defendant's counsel emphasized the opportunistic nature of the larceny, influence of alcohol, and defendant's remorse as evidenced by a letter submitted to the court.
Respondent
The Crown argued for imprisonment based on the defendant's substantial criminal record, lack of remorse, aggravating factors, and failure of previous sentencing options.

05

Court’s reasoning

  1. 01

    Whelan on Aspects of Sentencing in the Superior Courts of Jersey

    Alcohol is an aggravating factor in sentencing, not a mitigating one.

  2. 02

    Wylie-v-AG [2002] JLR N6

    Imprisonment is appropriate where all other sentencing options have failed and the defendant has a substantial record.

06

Ratio, limits and disposition

Ratio decidendi

Given the defendant's substantial criminal record, repeated failure of alternative sentencing options, and aggravating factors including alcohol, a custodial sentence is both correct and inevitable.

Obiter and limits

  • The Court expresses hope that the defendant will use the period in prison to readjust life and become a useful member of society.

Court disposition

convicted and sentenced

  • Imprisonment for 15 months on Counts 1 and 2, to run concurrently.
  • Imprisonment for 12 months on Counts 3, 4, and 5, to run concurrently with each other but consecutively to Counts 1 and 2.
  • Total period of imprisonment: 27 months.

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

[2015] JRC 098

JUDGMENT THE DEPUTY BAILIFF: 1. You are here to be sentenced for three counts of larceny and two counts of receiving stolen property. The Court accepts that the larceny was opportunistic and, to a significant extent, fuelled by alcohol but alcohol is an aggravating factor rather than a mitigating factor. The larcenies from the private vehicles caused significant inconvenience to the owners and significant loss to one of them. You smashed windows in order to gain access to those vehicles. You have consistently demonstrated a casual disregard for the property of other people and you have shown no real remorse for the effect on your victims until the Court has received a letter through your counsel this morning. It is clear that for you alcohol and other drugs are significant factors in your offending. You have a very substantial record with 77 previous convictions including 23 for theft and similar offences, including those from unattended vehicles.

2. We have considered very carefully indeed all that your counsel has said on your behalf and we have read, with care, the letter that you have handed up to the Court. The Court notes in particular the last section of your letter and expresses, very strongly, the hope that you will comply with the aims that you set out there and that you will use the period in prison to readjust your life and come out and take your place as a useful and decent member of society.

3. But in the light of the social enquiry report, and of the fact that all of the other options open to the Court have been tried without success, we think that a sentence of imprisonment is both correct and inevitable and we see no reason to depart from the conclusions of the Crown on this occasion.

4. Accordingly, you are sentenced to imprisonment on Counts 1 and 2 of 15 months' on each of those to run concurrent and on Counts 3, 4 and 5 for 12 months' on each of those to run concurrently to each other but consecutively to Counts 1 and 2, making a total period of 27 months' imprisonment. Authorities Whelan on Aspects of Sentencing in the Superior Courts of Jersey. Wylie-v-AG [2002] JLR N6. Wylie-v-AG 2002/13. R-v-Webbe and Others [2002] 1 Cr App R (S) 22 . Page Last Updated: 24 Jan 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.

Whelan on Aspects of Sentencing in the Superior Courts of Jersey

Case cited

Wylie-v-AG [2002] JLR N6

Case cited

Wylie-v-AG 2002/13

Case cited

R-v-Webbe and Others [2002] 1 Cr App R (S) 22

Case cited

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