AG -v- Botting [2016] JRC 136 (12 August 2016)

AG -v- Botting [2016] JRC 136 (12 August 2016)

The defendant failed to perform community service work to the reasonable satisfaction of the relevant officers, as evidenced by repeated poor attitude, lateness, refusals, and offensive behaviour. The breach was proved beyond reasonable doubt, warranting revocation of the community service and probation orders and imposition of the original custodial sentence, with credit for hours completed.

Citation
[2016] JRC 136
Parties
Applicant: Attorney General; Respondent: Mr Botting
Jurisdiction
Jersey
Judgment Date
12 August 2016
Procedural Posture
Breach of Community Service Order / Post Sentencing, Breach Hearing and Disposition
Outcome
community service and probation orders revoked; custodial sentence imposed
Legal Topics
Community Service Orders, Breach of Probation, Sentencing, Alternative to Custody
Criminal Law Community Service Orders Breach of Probation Sentencing Alternative to Custody

Case Brief

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Parties

Attorney General

Applicant

Mr Botting

Respondent

Procedural Posture

Breach of Community Service Order / Post Sentencing, Breach Hearing and Disposition

Legal Issues

  1. 1 Whether the defendant breached the community service order under Article 5 of the Criminal Justice (Community Service Orders) (Jersey) Law 2001
  2. 2 Whether the breach warranted revocation of the order and imposition of a custodial sentence

Ratio Decidendi

The defendant failed to perform community service work to the reasonable satisfaction of the relevant officers, as evidenced by repeated poor attitude, lateness, refusals, and offensive behaviour. The breach was proved beyond reasonable doubt, warranting revocation of the community service and probation orders and imposition of the original custodial sentence, with credit for hours completed.

Court Disposition

community service and probation orders revoked; custodial sentence imposed

Orders

  • Community service order revoked
  • Probation order revoked