AG -v- Hall 14- Aug-2009 [2009] JRC 163 (14 August 2009)

Given the defendant's recent progress in rehabilitation and the relatively minor nature of the current offences, the court affirms the existing community service and probation orders and imposes additional community service rather than a custodial sentence, but warns that future breaches may not be treated with similar leniency.

Citation: [2009] JRC 163
Parties: Defendant: Mr Hall; Prosecution: Crown
Jurisdiction: Jersey
Judgment Date: 14 August 2009
Procedural Posture: Criminal / Sentencing
Outcome: existing community service and probation orders affirmed; additional community service imposed
Legal Topics: Breach of Probation, Community Service Order, Larceny, Substance Abuse and Sentencing

Criminal Law Breach of Probation Community Service Order Larceny Substance Abuse and Sentencing

Case Brief

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Parties

Mr Hall

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

1 Whether the defendant should be given another non-custodial sentence after breaching probation and community service orders
2 Appropriate sentence for new larceny offences committed while under probation

Ratio Decidendi

Court Disposition

existing community service and probation orders affirmed; additional community service imposed

Orders

Defendant to complete remaining 59 hours of community service from previous order.
On each of the two new charges, a community service order of 50 hours is imposed, to run consecutively (total 100 hours).