AG v O'Shea [2004] JRC 034 (20 February 2004)
- Citation
- [2004] JRC 034
- 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 defendant's previous failure to respond and the nature of the offences justify consecutive youth detention sentences and a compensation order under Article 4 of the Criminal Justice (Young Offenders) (Jersey) Law 1994.
Court disposition
convicted
Orders
- 3 months' youth detention for obtaining by false pretences
- 1 month's youth detention for possession of cannabis, consecutive
- compensation order of £40 to victim, payable at £5 per week
- forfeiture and destruction of drugs
- release due to time spent on remand
- no supervision imposed
02
Material facts
Parties
Unnamed Defendant
DefendantCrown
ProsecutorAmounts and remedies
- Compensation Order: GBP 40
- Weekly Payment: GBP 5
- Youth Detention (months): 4
03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
appropriate sentence for obtaining by false pretences
- 02
appropriate sentence for possession of cannabis
- 03
compensation for victim
- 04
forfeiture of drugs
Party arguments
- Respondent
- Crown moved for 3 months' youth detention for obtaining by false pretences and 1 month for possession of cannabis, consecutive; compensation order for £40; forfeiture and destruction of drugs.
05
Court’s reasoning
Legal principles
- 01
Criminal Justice (Young Offenders) (Jersey) Law 1994: Article 4
Sentence must reflect previous failure to respond and seriousness of offences.
06
Ratio, limits and disposition
Ratio decidendi
The defendant's previous failure to respond and the nature of the offences justify consecutive youth detention sentences and a compensation order under Article 4 of the Criminal Justice (Young Offenders) (Jersey) Law 1994.
Obiter and limits
- If you can keep off the heroin there is much good in you and we hope that you will not appear before the Courts again.
- If you start taking the heroin again we expect that we will see you.
Court disposition
convicted
- 3 months' youth detention for obtaining by false pretences
- 1 month's youth detention for possession of cannabis, consecutive
- compensation order of £40 to victim, payable at £5 per week
- forfeiture and destruction of drugs
- release due to time spent on remand
- no supervision imposed
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
JUDGMENT THE DEPUTY BAILIFF: 1. Your counsel has not opposed the conclusions and we are therefore going to grant them. You have, of course, spent a period in excess of that on remand and this will therefore mean your immediate release. Taking account of all the circumstances the sentence is as moved for by the Crown, namely 3 months' youth detention on the count of obtaining by false pretences; 1 month's youth detention for the possession of cannabis, consecutive, making a total of 4 months' youth detention.
2. We are satisfied that, in view of your previous failure to respond, that is appropriate under Article 4 of the law. We think you should pay a compensation order. You took £40 from this young man which you should not have done and, therefore, you must repay it. We make a compensation order in the sum of £40, with a period of one week in default, and we order that you pay that at £5.00 a week, which is the amount you said you could afford.
3. We hope very much that you can maintain your current progress. If you can keep off the heroin there is much good in you and we hope that you will not appear before the Courts again. If you start taking the heroin again we expect that we will see you. We order the forfeiture and destruction of the drugs. In view of the period that we have imposed you will not be subject to supervision. Authorities Criminal Justice (Young Offenders) (Jersey) Law 1994: Article 4. Page Last Updated: 18 Aug 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.