Jersey Judgment

AG v W [2022] JRC 178 (05 August 2022)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The defendant's repeated unwillingness to engage with community service and failure to respond to non-custodial penalties necessitated a custodial sentence, with a reduction acknowledging delays not entirely of the defendant's making.

Court disposition

Community Service Order discharged; five months' youth detention imposed; fine and driving disqualification for speeding offence; Probation Order discharged.

Orders

  • Community Service Order discharged and replaced with five months' youth detention.
  • Defendant to be subject to supervision on release pursuant to Article 9 of the Criminal Justice (Young Offender) (Jersey) Law 2014.
  • Fine of £530 or two weeks in default for speeding.
  • Disqualification from holding or obtaining a licence for four months, commencing today.
  • Probation Order made on 12 February 2021 discharged.
  • Time to pay the fine is twelve months.

02

Material facts

Parties

W

Defendant Counsel: Advocate Dale

Amounts and remedies

  • Youth Detention Period: 5
  • Fine for Speeding: GBP 530
  • Driving Disqualification Period: months 4
  • Default Imprisonment for Fine: weeks 2
  • Time to Pay Fine: months 12

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

Party arguments

Applicant
Advocate Dale presented arguments on behalf of W, referencing reports and a letter from W, seeking leniency and consideration of delays not entirely attributable to W.
Respondent
The prosecution (Crown) sought a custodial sentence due to repeated failures to comply with non-custodial penalties and requested penalties for the recent speeding offence.

05

Court’s reasoning

  1. 01

    Criminal Justice (Young Offender) (Jersey) Law 2014

    Persistent failure to comply with non-custodial penalties justifies imposition of a custodial sentence for young offenders.

06

Ratio, limits and disposition

Ratio decidendi

The defendant's repeated unwillingness to engage with community service and failure to respond to non-custodial penalties necessitated a custodial sentence, with a reduction acknowledging delays not entirely of the defendant's making.

Obiter and limits

  • The principal offences were committed when the defendant was sixteen and some delays were not the defendant's fault.
  • The period of driving disqualification will run from today due to the defendant's employment prospects.

Court disposition

Community Service Order discharged; five months' youth detention imposed; fine and driving disqualification for speeding offence; Probation Order discharged.

  • Community Service Order discharged and replaced with five months' youth detention.
  • Defendant to be subject to supervision on release pursuant to Article 9 of the Criminal Justice (Young Offender) (Jersey) Law 2014.
  • Fine of £530 or two weeks in default for speeding.
  • Disqualification from holding or obtaining a licence for four months, commencing today.
  • Probation Order made on 12 February 2021 discharged.
  • Time to pay the fine is twelve months.

Source and reliance status

Official court record

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Judgment text

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Source document

Court record

Judgment

[2022] JRC 178

JUDGMENT THE Lieutenant BAILIFF: 1. W, we have listened carefully to everything that Advocate Dale has said on your behalf, and we have equally carefully considered the various reports in this case as well as your letter. But the inescapable fact remains that you were given a final chance in February last year, and at that time you were told that you had come within a hair's breadth of custody. You have thrown that chance away. You seem to accept that in your letter.

2. In the view of the Court, you have shown unwillingness to engage with the Community Service scheme bordering upon contempt for it. Mr Le Marrec has clearly gone out of his way to help you with the order, but it would be too much of a challenge to accept you back on the scheme; it is the end of the line.

3. We find that we have no alternative but to impose a period of youth detention because you have a history of failure to respond to non-custodial penalties and are unwilling to respond to them.

4. We do accept, though, that the principal offences were committed when you were sixteen and that there have been some delays, not all of which have been of your making. We are, therefore, slightly reducing the Crown's conclusions.

5. We discharge the Community Service Order and substitute for it a sentence of five months' youth detention. We notify you that you will be subject to supervision on your release from youth detention pursuant to Article 9 of the Criminal Justice (Young Offender) (Jersey) Law 2014 .

6. As regards the speeding matter, this was a recent offence and must be marked by a separate and condign penalty. The fine will be £530 or two weeks in default, and you will be disqualified from holding or obtaining a licence for four months. But in view of what we have been told about your employment and your prospects, we order that the period of disqualification shall run from today and not from the date of your release from youth detention.

7. We discharge the Probation Order made on 12 th February 2021.

8. Time to pay the fine is twelve months. Authorities Criminal Justice (Young Offender) (Jersey) Law 2014. Page Last Updated: 05 Sep 2022 Back to top About JLIB Accessibility Contacts Disclaimer Feedback Privacy policy Site map © Jersey Legal Information Board 2001- This website is not compatible with your web browser. You should install a newer browser . If you live in Jersey and need help upgrading call the States of Jersey web team on 440099. BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII

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Authorities

Authorities used by the court

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Criminal Justice (Young Offender) (Jersey) Law 2014

Legislation

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