Jersey Judgment

AG v O'Shea [2004] JRC 034 (20 February 2004)

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Source document

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

Defendant

Crown

Prosecutor

Amounts and remedies

  • Compensation Order: GBP 40
  • Weekly Payment: GBP 5
  • Youth Detention (months): 4

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

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

  1. 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

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Judgment text

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Source document

Court record

Judgment

[2004] JRC 034

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

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Criminal Justice (Young Offenders) (Jersey) Law 1994: Article 4

Legislation

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