AG -v- Botting [2016] JRC 119 (12 July 2016)

AG -v- Botting [2016] JRC 119 (12 July 2016)

The defendant failed to comply with the community service order, was given a final chance previously, and is no longer suitable for the scheme; therefore, the only appropriate order is to impose the original custodial sentence with credit for hours served.

Citation
[2016] JRC 119
Parties
Defendant: Mr Botting
Jurisdiction
Jersey
Judgment Date
12 July 2016
Procedural Posture
Criminal / Sentencing After Breach of Community Service Order
Outcome
community service and probation orders discharged; custodial sentence imposed
Legal Topics
Breach of Community Service Order, Sentencing, Custodial Sentence
Criminal Law Breach of Community Service Order Sentencing Custodial Sentence

Case Brief

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Parties

Mr Botting

Defendant

Procedural Posture

Criminal / Sentencing After Breach of Community Service Order

Legal Issues

  1. 1 Whether the defendant failed to comply with obligations under Article 7(4) of the Criminal Justice (Community Service Orders)(Jersey) Law 2001
  2. 2 Appropriate sentence following breach of community service order

Ratio Decidendi

The defendant failed to comply with the community service order, was given a final chance previously, and is no longer suitable for the scheme; therefore, the only appropriate order is to impose the original custodial sentence with credit for hours served.

Court Disposition

community service and probation orders discharged; custodial sentence imposed

Orders

  • On First Indictment, Count 1: 13 months and 2 weeks' imprisonment
  • On First Indictment, Count 2: 13 months and 2 weeks' imprisonment, concurrent