AG -v- McIntyre and Ors 17-Mar-2006 [2006] JRC 042 (17 March 2006)
Given the defendant McIntyre's repeated offending and failure to respond to non-custodial sentences, youth custody is necessary. For Miss Vibert, probation with treatment is justified based on reports and the chance for rehabilitation.
- Citation
- [2006] JRC 042
- Parties
- Defendant: McIntyre; Defendant: Miss Vibert; Prosecution: The Crown
- Jurisdiction
- Jersey
- Judgment Date
- 17 March 2006
- Procedural Posture
- Criminal / Sentencing
- Outcome
- McIntyre sentenced to 19 months' youth detention and disqualified from driving for 2 years; Miss Vibert placed on 18 months' probation with a 12-month treatment order.
- Legal Topics
- Youth Custody, Probation, Sentencing, Driving Disqualification, Treatment Order
Case Brief
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Parties
McIntyre
Defendant
Miss Vibert
Defendant
The Crown
Prosecution
Procedural Posture
Criminal / Sentencing
Legal Issues
- 1 Appropriate sentence for repeat youth offender
- 2 Appropriateness of non-custodial versus custodial sentence
- 3 Imposition of probation and treatment orders
Ratio Decidendi
Given the defendant McIntyre's repeated offending and failure to respond to non-custodial sentences, youth custody is necessary. For Miss Vibert, probation with treatment is justified based on reports and the chance for rehabilitation.
Court Disposition
McIntyre sentenced to 19 months' youth detention and disqualified from driving for 2 years; Miss Vibert placed on 18 months' probation with a 12-month treatment order.
Orders
- 19 months' youth detention for McIntyre
- £100 fine or 7 days' youth detention in default for driving without a licence (concurrent)
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