AG -v- Gilbraith [2018] JRC 116 (02 July 2018)

AG -v- Gilbraith [2018] JRC 116 (02 July 2018)

The Court found, to the criminal standard, that the defendant failed to comply with the requirements of the community service order by repeated lateness, non-attendance, unsatisfactory work, and abusive behaviour, thereby breaching Article 5(1)(b).

Citation
[2018] JRC 116
Parties
Applicant: Attorney General; Defendant: Gibraith; Defendant: Rawlinson
Jurisdiction
Jersey
Judgment Date
02 July 2018
Procedural Posture
Criminal / Breach of Community Service Order Hearing
Outcome
Breach of community service order proved; community service order revoked; concurrent prison sentences imposed.
Legal Topics
Community Service Orders, Breach of Court Orders, Sentencing
Criminal Law Community Service Orders Breach of Court Orders Sentencing

Case Brief

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Parties

Attorney General

Applicant

Gibraith

Defendant

Rawlinson

Defendant

Procedural Posture

Criminal / Breach of Community Service Order Hearing

Legal Issues

  1. 1 Whether the defendant failed to comply with the requirements of a community service order under Article 5 of the Criminal Justice (Community Service Orders) (Jersey) Law 2001

Ratio Decidendi

The Court found, to the criminal standard, that the defendant failed to comply with the requirements of the community service order by repeated lateness, non-attendance, unsatisfactory work, and abusive behaviour, thereby breaching Article 5(1)(b).

Court Disposition

Breach of community service order proved; community service order revoked; concurrent prison sentences imposed.

Orders

  • Community service order revoked.
  • Concurrent sentences of six months' imprisonment imposed on each of the six counts.