AG v Page [2003] JRC 112 (04 July 2003)
A consecutive sentence is required for escape from custody, taking into account mitigation and the totality principle; a total additional sentence of 6 months is appropriate.
Source-derived case information.
- Citation
- [2003] JRC 112
- Parties
- Respondent: Prison Governor; Applicant: Defendant
- Jurisdiction
- Jersey
- Judgment Date
- 04 July 2003
- Procedural Posture
- Criminal / Sentencing
- Outcome
- convicted and sentenced
- Legal Topics
- Escape From Lawful Custody, Sentencing, Mitigation
Source-derived case record
Summary, issues, holding and outcome
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Parties
Prison Governor
Respondent
Defendant
Applicant
Procedural Posture
Criminal / Sentencing
Legal Issues
- 1 Whether the defendant's escape from custody warrants an additional prison sentence
- 2 Appropriate consideration of mitigation factors
Ratio Decidendi
A consecutive sentence is required for escape from custody, taking into account mitigation and the totality principle; a total additional sentence of 6 months is appropriate.
Court Disposition
convicted and sentenced
Orders
- 6 months' imprisonment on Count 1, consecutive to current sentences
- 1 month's imprisonment on Count 2, concurrent
Full Case Text
Judgment text and source record
1 paragraphs
JUDGMENT THE DEPUTY BAILIFF: 1. You were trusted by the Prison Governor to go on an escorted home visit and you breached that trust by escaping, and by remaining at large for some 2 days. Miss Juste has, on your behalf, put forward a very powerful case in mitigation which she expressed most persuasively. 2. In particular we accept that this was an opportunistic escape which occurred following an argument with your new girlfriend and that it was linked in your mind to the events which had happened on the previous occasion when you had failed to return. 3. We have considered the six points in mitigation which Miss Juste put forward and, in particular, we are impressed with the effort you are making in prison now to deal with the issues which confront you, and we very much hope, as you do, that this is indeed a turning point in your life. 4. We have regard to the totality principle and the points which Miss Juste has made. We have to impose a consecutive sentence. Those who break prison have to expect that their total prison sentence will be extended. We think, in all the circumstances, that a total sentence of 6 months additionally is correct. Therefore, the sentence is as follows: on Count 1: 6 months' imprisonment, consecutive to the sentences you are currently serving; Count 2: 1 month's imprisonment, concurrent; in other words a total additional sentence of 6 months, and the forfeiture and destruction of the drugs. Authorities A. G. -v- Le Cocq & Tregaskis (1994) Jersey Unreported; [1994/148]. Current Sentencing Practice: Part B8-5 Escape from Lawful Custody. Page Last Updated: 18 Jun 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII