AG -v- Botting and Vincent [2011] JRC 236A (15 December 2011)

Given the defendants' youth, lack of prior probation, and potential for rehabilitation, the court imposed probation and community service orders instead of custodial sentences, with exclusion orders to prevent reoffending.

Citation: [2011] JRC 236A
Parties: Defendant: Mr Botting; Defendant: Mr Vincent; Prosecution: Crown
Jurisdiction: Jersey
Judgment Date: 15 December 2011
Procedural Posture: Criminal / Sentencing
Outcome: non-custodial sentences imposed
Legal Topics: Assault, Resisting Arrest, Probation, Community Service, Exclusion Order, Youth Detention

Criminal Law Youth Justice Assault Resisting Arrest Probation Community Service Exclusion Order Youth Detention

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 5

Parties

Mr Botting

Defendant

Mr Vincent

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

1 Appropriate sentencing for young offenders convicted of serious assaults and resisting arrest
2 Consideration of custodial versus non-custodial sentences for youth offenders
3 Application of exclusion orders under Jersey law

Ratio Decidendi

Court Disposition

non-custodial sentences imposed

Orders

Mr Botting: 12 months' probation and 180 hours' community service (counts concurrent), 6-month exclusion order from licensed premises (except shops)
Mr Vincent: 12 months' probation and 120 hours' community service (counts concurrent), 6-month exclusion order from licensed premises (except shops)