AG -v- Aubin [2007] JRC 241 (14 December 2007)

AG -v- Aubin [2007] JRC 241 (14 December 2007)

Given the seriousness of the offences, the breach of probation, and the risk to public safety, a non-custodial sentence is not justified even for a young offender; concurrent custodial sentences are imposed.

Citation
[2007] JRC 241
Parties
Defendant: Aubin; Prosecution: Crown Advocate
Jurisdiction
Jersey
Judgment Date
14 December 2007
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Dangerous Driving, Driving Under the Influence, Breach of Probation, Youth Detention, Driving Disqualification
Criminal Law Youth Justice Road Traffic Law Dangerous Driving Driving Under the Influence Breach of Probation Youth Detention Driving Disqualification

Case Brief

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Parties

Aubin

Defendant

Crown Advocate

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether a custodial sentence is appropriate for a young offender convicted of dangerous driving while intoxicated and in breach of probation
  2. 2 Whether non-custodial alternatives are sufficient given the seriousness and recidivism

Ratio Decidendi

Given the seriousness of the offences, the breach of probation, and the risk to public safety, a non-custodial sentence is not justified even for a young offender; concurrent custodial sentences are imposed.

Court Disposition

convicted and sentenced

Orders

  • 12 months' youth detention on current indictment
  • 15 months' youth detention on earlier indictment, concurrent