Jersey Judgment

AG -v- Samson [2009] JRC 225 (20 November 2009)

On this page

Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The court allows the community service order to continue, giving the defendant a final chance due to the mitigating factor of his father's support and accommodation offer, with a clear warning that any further breach will result in imprisonment.

Court disposition

community service order to continue with final warning

Orders

  • Community Service Order to continue.
  • Defendant to reside with his father in St Brelade.
  • Defendant must notify Probation Service of any change in living arrangements.
  • Any further breach will result in imprisonment.

02

Material facts

Parties

Mr Samson

Defendant

03

Procedural history

  1. Posture

    Criminal / Breach of Community Service Order Hearing

04

Questions and positions

Legal issues

Whether the defendant should be allowed to continue with the community service order after breach

Party arguments

Applicant
The defendant breached the community service order but offers assurance to comply, supported by his father's offer to provide accommodation away from negative influences.
Respondent
The breach of the community service order is clear and admitted by the defendant.

05

Court’s reasoning

  1. 01

    court's reasoning

    Responsibility to comply with court orders and consequences of non-compliance.

06

Ratio, limits and disposition

Ratio decidendi

The court allows the community service order to continue, giving the defendant a final chance due to the mitigating factor of his father's support and accommodation offer, with a clear warning that any further breach will result in imprisonment.

Obiter and limits

  • The court emphasises the importance of personal responsibility in complying with court orders.
  • The court notes the significant role of family support in rehabilitation.

Court disposition

community service order to continue with final warning

  • Community Service Order to continue.
  • Defendant to reside with his father in St Brelade.
  • Defendant must notify Probation Service of any change in living arrangements.
  • Any further breach will result in imprisonment.

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

[2009] JRC 225

JUDGMENT THE DEPUTY BAILIFF: 1. Mr Samson, the breach of the Community Service Order which was imposed by this Court is clear and you have admitted it. It is your responsibility to perform the terms of the Order which the Court has made. It is your responsibility to turn up on time; it is your responsibility to notify the Probation Service of where you are living so that they can contact you; it is your responsibility to live a life outside the times when you are performing the community service to ensure that you are in a position to perform that community service when the time comes round to do it. Therefore it is your responsibility to ensure that you don't get yourself in a position of either drinking too much or doing anything else which makes you unable to perform that Order.

2. The Court has directed that you perform community service and you have been given a number of last chances. With quite a lot of hesitation, the Court is going to give you what I call the very last of the last chances. A very strong factor in that is the offer which your father has made to have you stay with him in St Brelade which will give you the opportunity of staying away from the trouble which otherwise you might get into in the town of St Helier. Were it not for your father's support the Court would not be making the order it is now making but I want to emphasise to you that if there is any further problem with the performance of this community service, any further problem at all, there will be no hesitation and you will be sent to prison to perform the prison sentence instead of the Community Service Order that is being imposed. I hope you are quite clear about that and you are quite clear therefore with the Court that you are giving your assurance to the Court that you are going to perform the order from now on.

3. The Court orders that the Community Service Order should continue and has paid special regard to the offer made by your father to have you live with him in St Brelade and you must notify the Probation Service if there should be any change in that arrangement. No Authorities Page Last Updated: 14 Feb 2017 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.

No structured authorities are available for this judgment.

Refer to the full judgment and official source for citations that have not yet been extracted.

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.