AG -v- Samson [2009] JRC 225 (20 November 2009)
- Citation
- [2009] JRC 225
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Breach of Community Service Order Hearing
More details
- Posture
- Criminal / Breach of Community Service Order Hearing
On this page
Professional case brief
Research organized from the available case record
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
Defendant03
Procedural history
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
Legal principles
- 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.
Court record
Judgment
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
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