1998/81 - AG v Howard, Sutcliffe & McCuaig [1998] UR 81 (22 April 1998)

Probation orders with mandatory attendance at SMART course are appropriate given the defendants' circumstances; nominal compensation imposed on McCuaig due to deep involvement.

Citation: [1998] UR 81
Parties: Defendant: McCuaig; Defendant: Sutcliffe; Prosecutor: Crown
Jurisdiction: Jersey
Judgment Date: 22 April 1998
Procedural Posture: Criminal / Sentencing
Outcome: probation orders imposed; compensation order imposed on McCuaig
Legal Topics: Probation Orders, Compensation Orders, Sentencing, Breach of Probation

Criminal Law Probation Orders Compensation Orders Sentencing Breach of Probation

Case Brief

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Parties

McCuaig

Defendant

Sutcliffe

Defendant

Crown

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

1 appropriate sentencing for defendants
2 imposition of probation and compensation orders
3 breach of probation

Ratio Decidendi

Probation orders with mandatory attendance at SMART course are appropriate given the defendants' circumstances; nominal compensation imposed on McCuaig due to deep involvement.

Court Disposition

probation orders imposed; compensation order imposed on McCuaig

Orders

McCuaig: one year probation with requirement to attend SMART course at Highlands College
McCuaig: compensation order of £250 payable at £25/week once in work