AG -v- Ring [2008] JRC 190 (07 November 2008)
- Citation
- [2008] JRC 190
- 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
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
DefendantThe Crown
ProsecutionAmounts and remedies
- Value of Stolen Mobile Phones: GBP 3,000
- Length of Youth Detention Sentence: 16
03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
Appropriateness of custodial sentence for repeat youth offender
- 02
Forfeiture and destruction of drugs
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
Legal principles
- 01
Criminal Justice (Young Offenders) (Jersey) Law 1994
Custodial sentences are appropriate where non-custodial penalties have failed and offender is unwilling to respond.
- 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.
Court record
Judgment
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.
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