Jersey Judgment

AG -v- Ring [2008] JRC 190 (07 November 2008)

On this page

Professional case brief

Research organized from the available case record

Source document

01

Holding and result

Given the defendant's repeated failure to respond to probation and non-custodial penalties, and the seriousness of the offences, only a custodial sentence of youth detention is appropriate.

Court disposition

convicted and sentenced

Orders

  • 16 months' Youth Detention
  • Supervision by Probation Officer upon release
  • Forfeiture and destruction of drugs

02

Material facts

Parties

Unnamed Defendant

Defendant

The Crown

Prosecution

Amounts and remedies

  • Value of Stolen Mobile Phones: GBP 3,000
  • Length of Youth Detention Sentence: 16

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

Party arguments

Applicant
Defendant submitted a letter expressing remorse and highlighting personal circumstances, including being let down by his father and support from his mother.
Respondent
Prosecution emphasized repeated failure to respond to non-custodial penalties and the seriousness of the offences, including theft and outrageous conduct.

05

Court’s reasoning

  1. 01

    Criminal Justice (Young Offenders) (Jersey) Law 1994

    Custodial sentences are appropriate where non-custodial penalties have failed and offender is unwilling to respond.

  2. 02

    Criminal Justice (Young Offenders) (Jersey) Law 1994

    Forfeiture and destruction of drugs is mandatory upon conviction.

06

Ratio, limits and disposition

Ratio decidendi

Given the defendant's repeated failure to respond to probation and non-custodial penalties, and the seriousness of the offences, only a custodial sentence of youth detention is appropriate.

Obiter and limits

  • The court is encouraged by the defendant's efforts in prison courses and hopes he will make something of his life upon release.
  • Support from family, particularly the mother, is noted as positive.

Court disposition

convicted and sentenced

  • 16 months' Youth Detention
  • Supervision by Probation Officer upon release
  • Forfeiture and destruction of drugs

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.

Source document

Court record

Judgment

[2008] JRC 190

JUDGMENT the bailiff: 1. You have pleaded guilty to a number of offences; £3,000 worth of mobile phones have disappeared without a trace; your conduct with the shopkeeper in taking money from the till and then throwing it around when he caught you was completely outrageous. You can not expect to behave like that and to get away with it.

2. You have been placed on probation many times by the courts and offered chances by the Magistrates and by the Youth Court and you have not taken those chances so far. We are satisfied as the law requires us to be, that with your history of failure to respond to non-custodial penalties and your unwillingness to respond to them, there is no other way of dealing with you other than by imposing a sentence of youth detention.

3. Having said that, the Court wants you to know that we have read your letter very carefully and we are greatly encouraged by it. You have been let down by your father, that is true, and many other people are in the same boat, but you have not been let down by your mother, who notwithstanding everything that you have done, is in Court today supporting you. We want to say that you have reached an age where in fact, you should be thinking of giving some help and support to her rather than the other way round. We are, as we say, encouraged by the fact that the courses that you have done in prison are courses which will help you in the future; we hope that you will continue to take advantage of those and that when you come out of the Youth Detention Centre, you will indeed go to Highlands and make something of your life for the first time. There is no reason why you should not do that. You are a fit, healthy, intelligent young man and there is no reason why, with the qualifications that you get in the prison and perhaps afterwards at Highlands, you should not get a job if you set your mind to doing so and we hope you will do just that.

4. In the meantime I'm afraid we have to punish you for the offences that you have admitted. The conclusions are granted. We will sentence you to a total of 16 months' Youth Detention, and we must tell you that you will liable to supervision by a Probation Officer when you have served that sentence.

5. We order the forfeiture and destruction of the drugs. Authorities Criminal Justice (Young Offenders) (Jersey) Law 1994. Whelan on Aspects of Sentencing in the Superior Court of Jersey. AG-v-Gaffney [1995] JLR N 22b. R-v-Sergeant (1974) 60 Cr. App. R.

74. Page Last Updated: 22 Jul 2016 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

AG-v-Gaffney [1995] JLR N 22b

Case cited

R-v-Sergeant (1974) 60 Cr. App. R. 74

Case cited

Criminal Justice (Young Offenders) (Jersey) Law 1994

Legislation

Legislation referenced in the available case record.

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.

About this LexChat collection

This page organizes the available case record for research. Verify quotations, current status, and subsequent treatment against the source document. Corrections can be reported to hello@esheria.ai.

Legal information, not legal advice. Research summaries do not replace the judgment.