Jersey Judgment

AG v Vieira [2002] JRC 142 (26 July 2002)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The defendant was given multiple opportunities to comply with court orders and undergo treatment but failed to do so and committed further offences, leaving the court with no alternative but to impose a custodial sentence.

Court disposition

convicted and sentenced to imprisonment

Orders

  • 6 months' imprisonment
  • binding over order discharged

02

Material facts

Parties

Vieira

Defendant Counsel: Advocate Sowden

Amounts and remedies

  • Imprisonment Term: 6

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

Whether the defendant should be imprisoned after breaching a binding over order and committing further drug offences

Party arguments

Applicant
The defendant failed to comply with the binding over order by committing a further offence of possession of cannabis and failing to keep in touch with the Drug and Alcohol Service. Despite explanations for the failure to keep in touch, it was the defendant's duty to notify the service of any address change and comply with the treatment conditions.
Respondent
Advocate Sowden explained the failure to keep in touch with the Drug and Alcohol Service arose because the defendant had changed address.

05

Court’s reasoning

  1. 01

    Court's reasoning in judgment

    A defendant who repeatedly breaches court orders and fails to comply with conditions, despite multiple opportunities, may be sentenced to imprisonment.

06

Ratio, limits and disposition

Ratio decidendi

The defendant was given multiple opportunities to comply with court orders and undergo treatment but failed to do so and committed further offences, leaving the court with no alternative but to impose a custodial sentence.

Obiter and limits

  • The court accepted that this was the defendant's first conviction for possession of heroin, a Class A drug, but noted four prior convictions for possession of Class B drugs.

Court disposition

convicted and sentenced to imprisonment

  • 6 months' imprisonment
  • binding over order discharged

Source and reliance status

Official court record

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Judgment reading view

Judgment text

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Source document

Court record

Judgment

[2002] JRC 142

JUDGMENT THE DEPUTY BAILIFF: 1. Now, Vieira, you were told by the Bailiff on the 25 th January, 2002, that you had come very close to crossing the line beyond which the Court would have to send you to prison. You have been given many opportunities before despite offending fairly regularly. So you were given a final chance by the binding over order in January, with conditions that you should undergo treatment with the Drug and Alcohol Service.

2. You have failed to comply with that chance. You committed a further offence of possession of cannabis on 1 st May, 2002, and then you failed to keep in touch with the Drug and Alcohol Service. Advocate Sowden explained that this arose because you had changed your address. But it was your duty to notify the Drug and Alcohol Service if you changed address. You had been given a chance, and it was your duty to keep in touch with the Drug and Alcohol Service so that you could undergo the treatment to help you.

3. We are quite satisfied that you have been given every chance and there is no alternative now but to send you to prison. You have failed to take advantage of the many chances that the Court has given you. We have considered carefully the length of the sentence. We accept that this is your first conviction of possession for heroin, a Class A drug, but you already have four convictions for possession of Class B drugs, and in all the circumstances we think that the conclusions are correct.

4. The sentence of the Court is 6 months' imprisonment, and the binding over order is discharged. No Authorities Page Last Updated: 22 Sep 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII

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