AG -v- O'Brien [2011] JRC 176 (09 September 2011)

AG -v- O'Brien [2011] JRC 176 (09 September 2011)

The totality of the offending warranted consecutive sentences for two brackets of offences, but the overall sentence was reduced from 3½ years to 3 years' imprisonment to reflect proportionality. Sentences on individual counts were adjusted to achieve this total, with some sentences running concurrently and others consecutively.

Citation
[2011] JRC 176
Parties
Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
09 September 2011
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Sentencing, Mitigation, Concurrent Sentences, Consecutive Sentences, Driving Offences, Forfeiture
Criminal Law Sentencing Mitigation Concurrent Sentences Consecutive Sentences Driving Offences Forfeiture

Case Brief

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Parties

Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for multiple offences including taking and driving away, driving whilst disqualified, and drug offences
  2. 2 Whether sentences should run concurrently or consecutively
  3. 3 Consideration of mitigation and delay

Ratio Decidendi

The totality of the offending warranted consecutive sentences for two brackets of offences, but the overall sentence was reduced from 3½ years to 3 years' imprisonment to reflect proportionality. Sentences on individual counts were adjusted to achieve this total, with some sentences running concurrently and others consecutively.

Court Disposition

convicted and sentenced

Orders

  • Imprisonment for a total of 3 years
  • Disqualification from driving for 3 years