AG v Clancy and Furlong [2004] JRC 043 (12 March 2004)

AG v Clancy and Furlong [2004] JRC 043 (12 March 2004)

Given the defendants' significant progress on probation and the fact that the offences were committed before probation was imposed, youth detention is not appropriate; probation is imposed to support continued rehabilitation.

Citation
[2004] JRC 043
Parties
Defendant: Clancy; Defendant: Furlong
Jurisdiction
Jersey
Judgment Date
12 March 2004
Procedural Posture
Criminal / Sentencing
Outcome
probation orders imposed; existing probation order for Clancy discharged; no youth detention imposed
Legal Topics
Burglary, Probation, Youth Detention, Sentencing
Criminal Law Burglary Probation Youth Detention Sentencing

Case Brief

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Parties

Clancy

Defendant

Furlong

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentencing for youth offenders with prior offences and recent progress on probation
  2. 2 Whether to impose youth detention or probation for offences committed prior to probation order

Ratio Decidendi

Given the defendants' significant progress on probation and the fact that the offences were committed before probation was imposed, youth detention is not appropriate; probation is imposed to support continued rehabilitation.

Court Disposition

probation orders imposed; existing probation order for Clancy discharged; no youth detention imposed

Orders

  • Clancy: existing probation order discharged; new probation order for 2 years imposed
  • Furlong: probation order for 6 months imposed, concurrent on all counts, with requirement to attend programmes as directed by probation officer