AG v Swinburne [2000] JRC 172 (01 September 2000)

AG v Swinburne [2000] JRC 172 (01 September 2000)

The court imposed a non-custodial sentence as an act of mercy due to the defendant's serious medical condition, guilty plea, restitution, and efforts to overcome addiction, despite the seriousness of the offences.

Citation
[2000] JRC 172
Parties
Defendant: Swinburne
Jurisdiction
Jersey
Judgment Date
01 September 2000
Procedural Posture
Criminal / Sentencing
Outcome
non-custodial sentence
Legal Topics
Burglary, Sentencing, Mitigation, Drug Addiction
Criminal Law Burglary Sentencing Mitigation Drug Addiction

Case Brief

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Parties

Swinburne

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for burglary committed to fund drug addiction
  2. 2 Effect of guilty plea and mitigation on sentence
  3. 3 Impact of serious medical condition on sentencing

Ratio Decidendi

The court imposed a non-custodial sentence as an act of mercy due to the defendant's serious medical condition, guilty plea, restitution, and efforts to overcome addiction, despite the seriousness of the offences.

Court Disposition

non-custodial sentence

Orders

  • One year probation
  • Attend Drugs and Alcohol Service as required