AG -v- Botting [2012] JRC 138 (13 July 2012)

AG -v- Botting [2012] JRC 138 (13 July 2012)

The defendant's repeated failure to comply with non-custodial penalties, the seriousness of the offences, and the aggravating factor of committing a new offence while on probation justified the imposition of a custodial sentence of youth detention.

Citation
[2012] JRC 138
Parties
Defendant: Mr Botting; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
13 July 2012
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Youth Detention, Assault, Attempted Breaking and Entering, Sentencing Policy, Community Service Breach
Criminal Law Youth Detention Assault Attempted Breaking and Entering Sentencing Policy Community Service Breach

Case Brief

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Parties

Mr Botting

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for youth defendant with repeated offences and breach of community service
  2. 2 Whether custodial sentence is justified for failure to respond to non-custodial penalties

Ratio Decidendi

The defendant's repeated failure to comply with non-custodial penalties, the seriousness of the offences, and the aggravating factor of committing a new offence while on probation justified the imposition of a custodial sentence of youth detention.

Court Disposition

convicted and sentenced

Orders

  • 1 week's youth detention for common assault (concurrent)
  • 12 months' youth detention for grave and criminal assault (concurrent)