AG v Bendell and Ors [2003] JRC 195 (31 October 2003)

AG v Bendell and Ors [2003] JRC 195 (31 October 2003)

Given the seriousness of night-time residential burglary and the defendants' records, custodial sentences are warranted for Bendell and R de JL. For Derrien, whose involvement was minor and who has no relevant prior convictions, a community service order is appropriate.

Citation
[2003] JRC 195
Parties
Defendant: Bendell; Defendant: R de JL; Defendant: Derrien; Prosecutor: Crown
Jurisdiction
Jersey
Judgment Date
31 October 2003
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentencing
Legal Topics
Burglary, Youth Detention, Community Service, Sentencing Guidelines, Probation Breach
Criminal Law Burglary Youth Detention Community Service Sentencing Guidelines Probation Breach

Case Brief

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Parties

Bendell

Defendant

R de JL

Defendant

Derrien

Defendant

Crown

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentencing for residential burglary at night
  2. 2 Sentencing of youth offenders with prior probation breaches
  3. 3 Sentencing of minor participants in burglary

Ratio Decidendi

Given the seriousness of night-time residential burglary and the defendants' records, custodial sentences are warranted for Bendell and R de JL. For Derrien, whose involvement was minor and who has no relevant prior convictions, a community service order is appropriate.

Court Disposition

conviction and sentencing

Orders

  • Bendell: 2 years' imprisonment on one count, 3 years' imprisonment on another count, as moved for by the Crown.
  • R de JL: 9 months' youth detention on first indictment; 2 weeks' youth detention on each of three counts on second indictment, all concurrent; 3 months' youth detention for earlier offences, concurrent; total 9 months' youth detention; 2-year driving disqualification on three charges.