AG v O'Brien [2000] JRC 194 (06 October 2000)

AG v O'Brien [2000] JRC 194 (06 October 2000)

Given the defendant's repeated failure to respond to non-custodial penalties and the seriousness of the offences, a custodial sentence is the only appropriate method of dealing with the case.

Citation
[2000] JRC 194
Parties
Defendant: O'Brien; Prosecutor: Crown Advocate
Jurisdiction
Jersey
Judgment Date
06 October 2000
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Breach of Probation, Sentencing, Youth Detention, Drug Offences
Criminal Law Youth Justice Breach of Probation Sentencing Youth Detention Drug Offences

Case Brief

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Parties

O'Brien

Defendant

Crown Advocate

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether a custodial sentence is justified given repeated breaches of probation and community service orders
  2. 2 Appropriateness of non-custodial penalties for serious and repeated offending

Ratio Decidendi

Given the defendant's repeated failure to respond to non-custodial penalties and the seriousness of the offences, a custodial sentence is the only appropriate method of dealing with the case.

Court Disposition

convicted and sentenced

Orders

  • 12 months' Youth Detention on count 2 of first indictment
  • 21 months' Youth Detention on count 3 of first indictment, concurrent