AG -v- Cowling and Cowling [2009] JRC 045 (12 March 2009)

AG -v- Cowling and Cowling [2009] JRC 045 (12 March 2009)

The seriousness and repetition of the offences, combined with previous failures to respond to non-custodial measures, justified custodial sentences despite mitigation and youth.

Citation
[2009] JRC 045
Parties
Defendant: Jake Cowling; Defendant: William Cowling
Jurisdiction
Jersey
Judgment Date
12 March 2009
Procedural Posture
Criminal / Sentencing
Outcome
custodial sentences imposed
Legal Topics
Breaking and Entry, Larceny, Common Assault, Obstruction of Police Officer, Driving Offences, Possession of Cannabis, Breach of Binding Over Order, Youth Detention
Criminal Law Breaking and Entry Larceny Common Assault Obstruction of Police Officer Driving Offences Possession of Cannabis Breach of Binding Over Order +1 more

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Parties

Jake Cowling

Defendant

William Cowling

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether non-custodial sentences are appropriate given the seriousness and repetition of offences
  2. 2 Appropriate sentencing for multiple offences including breach of previous orders

Ratio Decidendi

The seriousness and repetition of the offences, combined with previous failures to respond to non-custodial measures, justified custodial sentences despite mitigation and youth.

Court Disposition

custodial sentences imposed

Orders

  • Jake Cowling sentenced to 30 months' youth detention and 2 years' driving disqualification; fines imposed; forfeiture and destruction of drugs ordered.
  • William Cowling sentenced to 2 years' youth detention; forfeiture and destruction of drugs ordered.