AG -v- Marett [2013] JRC 161 (09 August 2013)

AG -v- Marett [2013] JRC 161 (09 August 2013)

Given the defendant's prior record, threatening use of a knife, and court policy on possession of knives, a custodial sentence is warranted and non-custodial options are inappropriate.

Citation
[2013] JRC 161
Parties
Prosecution: Crown Advocate Yates; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
09 August 2013
Procedural Posture
Criminal / Sentencing
Outcome
conviction and custodial sentence
Legal Topics
Breach of the Peace, Possession of Offensive Weapon, Sentencing, Probation Breach

Case Brief

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Parties

Crown Advocate Yates

Prosecution

Defendant

Defendant

Procedural Posture

Criminal / Sentencing

  1. 1 seriousness of carrying knives in public
  2. 2 delay in prosecution
  3. 3 appropriate sentencing for repeat offender

Ratio Decidendi

Given the defendant's prior record, threatening use of a knife, and court policy on possession of knives, a custodial sentence is warranted and non-custodial options are inappropriate.

Court Disposition

conviction and custodial sentence

Orders

  • 3 months imprisonment for breach of the peace
  • 21 months imprisonment for possession of offensive weapon, concurrent