AG -v- Power [2009] JRC 247 (18 December 2009)

Custodial sentence imposed due to breach of probation, re-offending, and disappointing progress, with adjustments for time spent on remand and partial completion of community service.

Citation: [2009] JRC 247
Parties: Respondent: AG-v-Power; Applicant: Power
Jurisdiction: Jersey
Judgment Date: 18 December 2009
Procedural Posture: Criminal / Sentencing
Outcome: custodial sentence imposed
Legal Topics: Sentencing, Probation Breach, Larceny, Shoplifting, Receiving Stolen Property

Criminal Law Sentencing Probation Breach Larceny Shoplifting Receiving Stolen Property

Case Brief

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 3

Parties

AG-v-Power

Respondent

Power

Applicant

Procedural Posture

Criminal / Sentencing

Legal Issues

1 Whether a custodial sentence is appropriate after breach of probation and re-offending
2 Adjustment of sentence for time spent on remand and partial completion of community service

Ratio Decidendi

Custodial sentence imposed due to breach of probation, re-offending, and disappointing progress, with adjustments for time spent on remand and partial completion of community service.

Court Disposition

custodial sentence imposed

Orders

15 months imprisonment: 2 months for current indictment (counts concurrent), 13 months for breaches (counts concurrent), sentences consecutive