AG -v- H [2015] JRC 162 (31 July 2015)

AG -v- H [2015] JRC 162 (31 July 2015)

The seriousness of the grave and criminal assault, combined with the failure of previous non-custodial orders and the requirements of Article 4(2) of the Criminal Justice (Young Offenders)(Jersey) Law 1994, necessitate a custodial sentence of youth detention. Exclusion order is imposed to prevent recurrence related to alcohol misuse.

Citation
[2015] JRC 162
Parties
Defendant: Defendant (unnamed, aged 17); Prosecutor: Attorney General (Crown)
Jurisdiction
Jersey
Judgment Date
31 July 2015
Procedural Posture
Criminal / Sentencing
Outcome
Defendant sentenced to 12 months' youth detention (4 months on Count 1, 12 months concurrent on Count 2, 3 months concurrent for breach of probation). Probation Order discharged. Exclusion Order from specified licensed premises for 24 months.
Legal Topics
Assault, Grave and Criminal Assault, Breach of Probation, Youth Detention, Exclusion Order
Criminal Law Juvenile Justice Assault Grave and Criminal Assault Breach of Probation Youth Detention Exclusion Order

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Parties

Defendant (unnamed, aged 17)

Defendant

Attorney General (Crown)

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriateness of youth detention for serious assault by a juvenile
  2. 2 Sentencing for breach of probation order
  3. 3 Imposition of exclusion order from licensed premises

Ratio Decidendi

The seriousness of the grave and criminal assault, combined with the failure of previous non-custodial orders and the requirements of Article 4(2) of the Criminal Justice (Young Offenders)(Jersey) Law 1994, necessitate a custodial sentence of youth detention. Exclusion order is imposed to prevent recurrence related to alcohol misuse.

Court Disposition

Defendant sentenced to 12 months' youth detention (4 months on Count 1, 12 months concurrent on Count 2, 3 months concurrent for breach of probation). Probation Order discharged. Exclusion Order from specified licensed premises for 24 months.

Orders

  • 4 months' youth detention on Count 1
  • 12 months' youth detention concurrent on Count 2