AG -v- O'Neill [2009] JRC 118 (12 June 2009)

AG -v- O'Neill [2009] JRC 118 (12 June 2009)

The seriousness of the offence, particularly the threatening conduct towards the cashier, warranted a sentence equivalent to 12 months' imprisonment, but due to mitigation and recommendations, a non-custodial sentence of probation and community service was imposed.

Citation
[2009] JRC 118
Jurisdiction
Jersey
Judgment Date
12 June 2009
Procedural Posture
Criminal / Sentencing
Outcome
non-custodial sentence imposed
Legal Topics
Larceny, Sentencing, Probation, Community Service, Mitigation
Criminal Law Larceny Sentencing Probation Community Service Mitigation

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for larceny involving threatening conduct and mitigation factors

Ratio Decidendi

The seriousness of the offence, particularly the threatening conduct towards the cashier, warranted a sentence equivalent to 12 months' imprisonment, but due to mitigation and recommendations, a non-custodial sentence of probation and community service was imposed.

Court Disposition

non-custodial sentence imposed

Orders

  • 12 months probation order with condition not to enter 1st or 7th Category premises (pubs and clubs)
  • 180 hours community service