AG -v- Wakeling [2010] JRC 094 (21 May 2010)

AG -v- Wakeling [2010] JRC 094 (21 May 2010)

Despite the seriousness of the offences and the defendant's record, exceptional circumstances including time served on remand and a glimmer of hope for rehabilitation justify the imposition of probation and community service orders instead of immediate custody.

Citation
[2010] JRC 094
Parties
Defendant: Mr Wakeling; Prosecution: The Crown
Jurisdiction
Jersey
Judgment Date
21 May 2010
Procedural Posture
Criminal / Sentencing
Outcome
non-custodial sentences imposed; defendant given probation, community service, and driving disqualification
Legal Topics
Driving Whilst Disqualified, Driving Without Insurance, Failing to Provide Information, Breach of Probation, Theft
Criminal Law Driving Whilst Disqualified Driving Without Insurance Failing to Provide Information Breach of Probation Theft

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Parties

Mr Wakeling

Defendant

The Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for driving whilst disqualified
  2. 2 Appropriate sentence for driving without insurance
  3. 3 Appropriate sentence for failing to provide information

Ratio Decidendi

Despite the seriousness of the offences and the defendant's record, exceptional circumstances including time served on remand and a glimmer of hope for rehabilitation justify the imposition of probation and community service orders instead of immediate custody.

Court Disposition

non-custodial sentences imposed; defendant given probation, community service, and driving disqualification

Orders

  • 6 months' probation on Count 1 (driving whilst disqualified)
  • 6 months' probation and 120 hours' Community Service Order on Count 2 (driving without insurance), community service as alternative to 6 months' imprisonment