1998/117 - AG v Howard [1998] UR 117 (5 June 1998)

1998/117 - AG v Howard [1998] UR 117 (5 June 1998)

Given the defendant's serious record, failure to respond to previous non-custodial penalties, and the seriousness of the offences, a custodial sentence of youth detention is justified under the statutory framework.

Citation
[1998] UR 117
Parties
Defendant: [Defendant Name Not Provided]; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
05 June 1998
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Youth Detention, Sentencing, Burglary, Drug Offences
Criminal Law Youth Justice Youth Detention Sentencing Burglary Drug Offences

Case Brief

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Parties

[Defendant Name Not Provided]

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether a custodial sentence is justified for a young offender with a serious record
  2. 2 Appropriateness of non-custodial versus custodial penalties under the Criminal Justice (Young Offenders) (Jersey) Law, 1994

Ratio Decidendi

Given the defendant's serious record, failure to respond to previous non-custodial penalties, and the seriousness of the offences, a custodial sentence of youth detention is justified under the statutory framework.

Court Disposition

convicted and sentenced

Orders

  • Twelve months youth custody on the first count
  • Two months on the second count, concurrent