AG v RR [2023] JRC 155 (22 August 2023)

JUDGMENT THE BAILIFF: 1. Because of the complexities of this matter, some of which have arisen during the course of submissions before us we will give full reasons on a later occasion.

2. In general terms however, we have seen on the one hand the most appalling and unprovoked violence on the streets of St Helier perpetrated by the accused in this case and we are satisfied that Article 5(3) of the Criminal Justice (Young Offenders) (Jersey) Law 2014 applies and that this matter cannot be dealt with other than by a custodial sentence.

3. We are alive however, to what has been said to us by Defence counsel and the hints, and we put them no more strongly than that to a possible change in direction to the unhappy trajectory that has characterised this accused life to date. We note for example that he phoned the ambulance after the assault on the victim of Count 5 and we note what has been said about his engagement with the psychologist who has worked with him.

4. In our view, however, the sentences moved for by the Crown are entirely correct as to proposed duration and we are therefore going largely to follow them but we will reduce the conclusions to a modest extent to reflect what we take to be the positive signs and as a gesture to this Defendant that we hope that he will change his life and behave in a more pro social way. He will, we hope, ask the Probation Service as soon as he is able to do so for help and for support and we have little doubt that if asked sincerely that support will be forthcoming.

5. In connection with Count 1, the assault on Master X, 4 months youth detention. Count 2, grave and criminal assault on Master Y, 9 months' youth detention, concurrent. Count 3, grave and criminal assault on Master Z, 9 months' youth detention, concurrent. Count 4, grave and criminal assault on Master X, 15 months' youth detention, concurrent. Count 5, grave and criminal assault on the male victim, 15 months' youth detention, concurrent. We order that the Probation Order be revoked with no separate penalty to flow in that regard and this makes a total of 15 months' youth detention.

6. We also make the restraining orders in the terms sought before us for a period of 2 years. Authorities Criminal Justice (Young Offenders) (Jersey) Law 2014. AG v Goncalves [2022] JRC 097 AG v Y [2022] JRC 002 AG v Cameron [2008] JLR Note 44 AG v Mendonca [2006] JRC 066 Harrison v AG [2004] JLR 111 AG v Nolan [2002] JLR Note 31 AG v Santos [2023] JRC 126 Page Last Updated: 07 Sep 2023 Back to top About JLIB Accessibility Contacts Disclaimer Feedback Privacy policy Site map © Jersey Legal Information Board 2001- 20262023 (External) BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII