AG -v- Marques [2009] JRC 103 (22 May 2009)

AG -v- Marques [2009] JRC 103 (22 May 2009)

Community service order imposed due to age, remorse, guilty plea, no previous convictions, and low risk of re-offending; custodial sentence not justified under statutory criteria for young offenders.

Citation
[2009] JRC 103
Parties
Accused: Marques; Co Accused: Vieira; Prosecution: Crown Advocate
Jurisdiction
Jersey
Judgment Date
22 May 2009
Procedural Posture
Criminal / Sentencing
Outcome
community service order and fines imposed; driving disqualification; no custodial sentence; no deportation order
Legal Topics
Breaking and Entering, Dangerous Driving, Community Service, Curfew Breach, Driving Without Insurance, Driving Without Licence
Criminal Law Breaking and Entering Dangerous Driving Community Service Curfew Breach Driving Without Insurance Driving Without Licence

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Parties

Marques

Accused

Vieira

Co Accused

Crown Advocate

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 whether custodial sentence is justified for young offender
  2. 2 appropriate penalty for breaking and entering
  3. 3 appropriate penalty for dangerous driving

Ratio Decidendi

Community service order imposed due to age, remorse, guilty plea, no previous convictions, and low risk of re-offending; custodial sentence not justified under statutory criteria for young offenders.

Court Disposition

community service order and fines imposed; driving disqualification; no custodial sentence; no deportation order

Orders

  • 210 hours' community service for counts 1 and 2
  • 90 hours' community service for counts 3, 4, and 9 (concurrent)