AG v PNGdeC [2004] JRC 071 (28 April 2004)

AG v PNGdeC [2004] JRC 071 (28 April 2004)

Custodial sentence is justified due to the seriousness and totality of offending, prior failure to respond to non-custodial penalties, and risk to public safety; concurrent youth detention sentences imposed.

Citation
[2004] JRC 071
Parties
Defendant: PNG de C; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
28 April 2004
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Grave and Criminal Assault, Youth Detention, Sentencing Guidelines, Exclusion Orders
Criminal Law Juvenile Justice Grave and Criminal Assault Youth Detention Sentencing Guidelines Exclusion Orders

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Parties

PNG de C

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriateness of custodial sentence for young offender
  2. 2 Application of Article 4 of Criminal Justice (Young Offenders) (Jersey) Law 1994
  3. 3 Consideration of provocation and seriousness of assault

Ratio Decidendi

Custodial sentence is justified due to the seriousness and totality of offending, prior failure to respond to non-custodial penalties, and risk to public safety; concurrent youth detention sentences imposed.

Court Disposition

convicted and sentenced

Orders

  • 12 months' youth detention on each count, served concurrently
  • Exclusion order from licensed premises for 2 years post-release