AG -v- Volante-Nobrega [2015] JRC 237 (20 November 2015)
- Citation
- [2015] JRC 237
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Sentencing
More details
- Posture
- Criminal / Sentencing
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The defendant's repeated breaches of probation and community service orders, coupled with new offences and lack of compliance, necessitated the imposition of consecutive youth detention sentences and discharge of previous orders.
Court disposition
convicted and sentenced
Orders
- 23 months' youth detention for breach of probation and community service orders
- 1 week's youth detention for drunk and disorderly
- 1 week's youth detention for resisting arrest
- Sentences to run consecutively
- Discharge of previous probation and community service orders
- Notification of possible supervision after sentence
02
Material facts
Parties
[Defendant Name Not Provided]
DefendantAttorney General
ProsecutorAmounts and remedies
- Probation Order Duration: months 12
- Community Service Hours: 312
- Youth Detention for Breach: months 23
- Youth Detention for Drunk and Disorderly: weeks 1
- Youth Detention for Resisting Arrest: weeks 1
- Total Youth Detention: months 23.5
03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
Whether the defendant breached probation and community service orders
- 02
Appropriate sentence for new offences of drunk and disorderly and resisting arrest
Party arguments
- Applicant
- The defendant was resistant to community service, expressed a preference for serving the alternative, and reoffended while under court orders.
- Respondent
- The Crown submitted that the defendant's attitude and breaches warranted custodial sentences and discharge of previous orders.
05
Court’s reasoning
Legal principles
- 01
court warning at original sentencing
Compliance with court orders is mandatory and breach may result in custodial sentences.
- 02
sentencing practice
Sentences for multiple offences may be ordered to run consecutively.
06
Ratio, limits and disposition
Ratio decidendi
The defendant's repeated breaches of probation and community service orders, coupled with new offences and lack of compliance, necessitated the imposition of consecutive youth detention sentences and discharge of previous orders.
Obiter and limits
- The court considered but rejected further non-custodial orders due to the defendant's attitude.
Court disposition
convicted and sentenced
- 23 months' youth detention for breach of probation and community service orders
- 1 week's youth detention for drunk and disorderly
- 1 week's youth detention for resisting arrest
- Sentences to run consecutively
- Discharge of previous probation and community service orders
- Notification of possible supervision after sentence
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. You are here to be sentenced for one count of being drunk and disorderly and one count of resisting arrest during the early hours of 17 th October at the Weighbridge and you are also to be sentenced for breach of the probation and Community Service Orders imposed by the Court for your part in a conspiracy to import 50 MDMA tablets earlier this year. For that you received a 12 month Probation Order and 312 hours of community service. When the Court sentenced you it gave you a warning in the clearest possible terms about compliance with the Order and the consequences that would follow should you fail to do so.
2. Not only have you breached the order by reoffending but you have also failed to perform the community service well; you have been resistant to it and have expressed the wish that you do not want to do it and that you would prefer to serve the alternative rather than take advantage of the opportunity that the Court offered to you. Although we have thought once again what the appropriate order is we really feel that we have no choice in the light of that attitude and we agree with the conclusions of the Crown as to the appropriate disposal of this matter.
3. With regard to the offences in respect of which you had originally received a Probation and Community Service Order, we now impose a sentence of 23 months' youth detention and for Count 1 on the new Indictment, drunk and disorderly, 1 weeks' youth detention and Count 2, resisting arrest, 1 week's youth detention, all to be served consecutively, making a total of 23 months and 2 weeks' youth detention.
4. We discharge the previous orders and we notify you that on the completion of your sentence, you may be subject to a period of supervision. Authorities AG v Nafkha 2000/86. Louis v AG [2010] JLR N 45. Louis v AG [2010] JRC 170 . AG v Teixeira and Volante-Nobrega [2015] JRC 198C . Page Last Updated: 27 Sep 2016 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
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