AG -v- W and P [2010] JRC 229 (15 December 2010)

AG -v- W and P [2010] JRC 229 (15 December 2010)

Exceptional personal mitigation justified a community service order for P instead of custody; for W, sentencing treated her as if she were fourteen at conviction, resulting in probation due to statutory restrictions and the circumstances of her involvement.

Citation
[2010] JRC 229
Parties
Defendant: P; Defendant: W; Prosecutor: Crown; Victim: Victim
Jurisdiction
Jersey
Judgment Date
15 December 2010
Procedural Posture
Criminal / Sentencing
Outcome
non-custodial sentences imposed; compensation ordered
Legal Topics
Robbery, Offensive Weapon, Youth Sentencing, Community Service, Probation, Compensation
Criminal Law Robbery Offensive Weapon Youth Sentencing Community Service Probation Compensation

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Parties

P

Defendant

W

Defendant

Crown

Prosecutor

Victim

Victim

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentencing for robbery involving youth offenders
  2. 2 Application of age at offence versus age at conviction in sentencing
  3. 3 Imposition of community service versus custodial sentence

Ratio Decidendi

Exceptional personal mitigation justified a community service order for P instead of custody; for W, sentencing treated her as if she were fourteen at conviction, resulting in probation due to statutory restrictions and the circumstances of her involvement.

Court Disposition

non-custodial sentences imposed; compensation ordered

Orders

  • P sentenced to 240 hours Community Service Order
  • P to pay £400 compensation to victim by 20 December 2011 or serve 1 month imprisonment in lieu