AG -v- Gilbraith [2018] JRC 099A (08 June 2018)

AG -v- Gilbraith [2018] JRC 099A (08 June 2018)

Repeated breaches of the Community Service Order, despite allowances and warnings, justify revocation and imposition of a prison sentence; partial completion of service warrants reduction in sentence length.

Citation
[2018] JRC 099A
Parties
Defendant: Mr Gilbraith; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
08 June 2018
Procedural Posture
Criminal / Sentencing
Outcome
Community Service Order revoked; prison sentence imposed.
Legal Topics
Breach of Community Service Order, Sentencing, Prerogative of Mercy
Criminal Law Breach of Community Service Order Sentencing Prerogative of Mercy

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Parties

Mr Gilbraith

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether breach of Community Service Order warrants revocation and imprisonment
  2. 2 Appropriate sentence considering partial completion of community service

Ratio Decidendi

Repeated breaches of the Community Service Order, despite allowances and warnings, justify revocation and imposition of a prison sentence; partial completion of service warrants reduction in sentence length.

Court Disposition

Community Service Order revoked; prison sentence imposed.

Orders

  • Community Service Order revoked on Counts 1, 2, 3, 4, 9 and 10.
  • 6 months imprisonment imposed concurrently on each count.