AG -v- B and C [2010] JRC 073 (09 April 2010)

AG -v- B and C [2010] JRC 073 (09 April 2010)

Given the seriousness of the offences, particularly breaking and entering domestic premises at night, and the defendant's history of failing to respond to non-custodial penalties, a custodial sentence is justified and required under Article 4 of the Criminal Justice (Young Offenders)(Jersey) Law 1994. For the co-defendant, the lesser seriousness of the offences and age justified a community-based penalty rather than custody.

Citation
[2010] JRC 073
Parties
Defendant: B; Defendant: C; Prosecutor: Attorney General; Surety: Mrs C
Jurisdiction
Jersey
Judgment Date
09 April 2010
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentencing
Legal Topics
Larceny, Breaking and Entering, Violently Resisting Arrest, Receiving Stolen Property, Community Service Order Breach, Youth Detention, Probation, Surety Forfeiture
Criminal Law Youth Justice Larceny Breaking and Entering Violently Resisting Arrest Receiving Stolen Property Community Service Order Breach Youth Detention +2 more

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Parties

B

Defendant

C

Defendant

Attorney General

Prosecutor

Mrs C

Surety

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentencing for youth offenders convicted of larceny, breaking and entering, violently resisting arrest, and receiving stolen property
  2. 2 Application of non-custodial versus custodial sentences under the Criminal Justice (Young Offenders)(Jersey) Law 1994
  3. 3 Forfeiture and reduction of surety for breach of good behaviour

Ratio Decidendi

Given the seriousness of the offences, particularly breaking and entering domestic premises at night, and the defendant's history of failing to respond to non-custodial penalties, a custodial sentence is justified and required under Article 4 of the Criminal Justice (Young Offenders)(Jersey) Law 1994. For the co-defendant, the lesser seriousness of the offences and age justified a community-based penalty rather than custody.

Court Disposition

conviction and sentencing

Orders

  • B sentenced to 1 month youth detention on Count 1, 12 months youth detention on Count 2 (reduced for youth), 1 month youth detention on Count 3 (concurrent), 1 week youth detention for breach of Community Service Order (concurrent), Community Service Order set aside, time spent in Greenfields to count towards sentence.
  • C sentenced to 120 hours Community Service Order on Count 4 (alternative 6 months youth detention), 6 months probation on Count 5, breach of Community Service Order: 20 hours to serve (total 140 hours community service).