AG -v- Veloso [2015] JRC 265 (18 December 2015)
- Citation
- [2015] JRC 265
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Sentencing After Breach of Probation/community Service
More details
- Posture
- Criminal / Sentencing After Breach of Probation/community Service
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Due to repeated breaches, threats, and failure to comply with probation and community service orders, the Court substituted a custodial sentence for the prior non-custodial measures.
Court disposition
Probation Order and Community Service Order revoked; custodial sentence imposed.
Orders
- Probation Order revoked
- Community Service Order revoked
- Defendant sentenced to 9 months' youth detention
02
Material facts
Parties
[Name Redacted]
Defendant Counsel: [Advocate Unspecified]Amounts and remedies
- Community Service Order Hours: 180
- Probation Order Duration (months): 18
- Youth Detention Sentence (months): 9
03
Procedural history
Posture
Criminal / Sentencing After Breach of Probation/community Service
04
Questions and positions
Legal issues
- 01
Whether the defendant breached the probation and community service orders
- 02
Appropriate sentence for breach of non-custodial orders
Party arguments
- Applicant
- Mitigation advanced; references provided showing ability to deal with other aspects of life.
- Respondent
- Defendant breached probation and community service orders, threatened staff, failed to comply, and did not take responsibility.
05
Court’s reasoning
Legal principles
- 01
Court's reasoning
Breach of probation and community service orders may result in substitution of custodial sentence.
06
Ratio, limits and disposition
Ratio decidendi
Due to repeated breaches, threats, and failure to comply with probation and community service orders, the Court substituted a custodial sentence for the prior non-custodial measures.
Obiter and limits
- Defendant apparently able to deal with other aspects of life as shown by references.
Court disposition
Probation Order and Community Service Order revoked; custodial sentence imposed.
- Probation Order revoked
- Community Service Order revoked
- Defendant sentenced to 9 months' youth detention
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. When the Court sentenced you on 6 th July, 2015, to 180 hours' Community Service Order and an 18 month Probation Order for a count of affray, it warned you in very clear terms what you should expect if you breached the order and did not comply with the things that the probation officer told you to comply with. As we have found, you have breached the probation Order by your behaviour and you have not performed the community service and all of that has been unsatisfactory. You have, so the Court has found, threatened staff; you have had the benefit of final warnings, including one from the Solicitor General, but it is clear that you cannot in the circumstances of the requirement to interact with the Probation Service, control your temper. You do not take responsibility for your behaviour and you did not take it when you were asked about your behaviour in evidence today.
2. The only offence for which you were sentenced involved the use of scissors and a BB gun and normally that would have involved a prison sentence. It is quite clearly potentially violent behaviour and it is in that light that your threats to the Probation Service officers were all the more concerning.
3. You have shown that, notwithstanding the chances given to you, you do not respond to non-custodial measures and that is unfortunate because this is in distinction to the way you are apparently able to deal with other aspects of your life as shown by the references that were put before the Court.
4. We have considered the mitigation that has been advanced to us and your advocate has done all that he possibly can on your behalf. However, in the light of the very clear warning you were given, this Court feels it has no alternative but to substitute a custodial measure for the non-custodial measures that had previously been handed down.
5. Accordingly we revoke the Probation Order and the Community Service Order and you are sentenced to 9 months' youth detention. Authorities AG-v-Veloso [2015] JRC 152 . Page Last Updated: 27 Sep 2016 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
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