AG -v- Cox, Hannaford, Hawkins, Qari and Viveiros [2015] JRC 156 (16 July 2015)

AG -v- Cox, Hannaford, Hawkins, Qari and Viveiros [2015] JRC 156 (16 July 2015)

Given Mr Cox's serious record and leadership role in the offence, a sentence of 21 months for breaking and entering is appropriate, with additional concurrent and consecutive sentences for related offences, totaling 26 months. The suspended sentence is not activated as it was unlawfully imposed. For the co-defendants, community service is appropriate due to their youth and lack of significant records.

Citation
[2015] JRC 156
Parties
Defendant: Mr Cox; Co Defendant: Hannaford; Co Defendant: Qari; Co Defendant: Hawkins; Co Defendant: Viveiros; Prosecution: The Crown
Jurisdiction
Jersey
Judgment Date
16 July 2015
Procedural Posture
Criminal / Sentencing Judgment
Outcome
conviction and sentencing
Legal Topics
Breaking and Entering, Breach of Probation, Community Service Order, Suspended Sentence, Youth Detention, Sentencing
Criminal Law Breaking and Entering Breach of Probation Community Service Order Suspended Sentence Youth Detention Sentencing

Case Brief

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Parties

Mr Cox

Defendant

Hannaford

Co Defendant

Qari

Co Defendant

Hawkins

Co Defendant

Viveiros

Co Defendant

The Crown

Prosecution

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Appropriate sentence for breaking and entering residential property at night
  2. 2 Activation of suspended sentence under Jersey law
  3. 3 Sentencing of young offenders with minimal records

Ratio Decidendi

Given Mr Cox's serious record and leadership role in the offence, a sentence of 21 months for breaking and entering is appropriate, with additional concurrent and consecutive sentences for related offences, totaling 26 months. The suspended sentence is not activated as it was unlawfully imposed. For the co-defendants, community service is appropriate due to their youth and lack of significant records.

Court Disposition

conviction and sentencing

Orders

  • Mr Cox sentenced to 26 months' imprisonment (21 months for breaking and entering, 3 months each for two other counts, all concurrent, plus 5 months for driving offences consecutive to Count 1)
  • No order made on the suspended sentence