AG -v- O'Shea [2005] JRC 087 (01 July 2005)

AG -v- O'Shea [2005] JRC 087 (01 July 2005)

Custodial sentences are warranted due to the seriousness of the offences, the element of intimidation, and the defendant's failure to respond to non-custodial sentences. Sentences for the new offences and breach of probation are to be served concurrently, except for the most serious count, which is consecutive, resulting in a total of 15 months' imprisonment.

Citation
[2005] JRC 087
Parties
Defendant: Mr O'Shea; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
01 July 2005
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Assault, Larceny, Probation Breach, Sentencing, Young Offenders
Criminal Law Assault Larceny Probation Breach Sentencing Young Offenders

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Parties

Mr O'Shea

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the defendant should receive a custodial sentence for assaulting a prison officer and committing larceny
  2. 2 Whether sentences for breach of probation and new offences should be concurrent or consecutive

Ratio Decidendi

Custodial sentences are warranted due to the seriousness of the offences, the element of intimidation, and the defendant's failure to respond to non-custodial sentences. Sentences for the new offences and breach of probation are to be served concurrently, except for the most serious count, which is consecutive, resulting in a total of 15 months' imprisonment.

Court Disposition

convicted and sentenced

Orders

  • Count 1: 2 weeks' imprisonment
  • Count 2: 3 months' imprisonment