AG -v- Hughes [2005] JRC 118 (19 August 2005)

AG -v- Hughes [2005] JRC 118 (19 August 2005)

Given the seriousness of night-time burglary, prior conviction, and limited mitigation, a custodial sentence is required despite the defendant's intoxication and efforts at rehabilitation.

Citation
[2005] JRC 118
Parties
Defendant: The Defendant; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
19 August 2005
Procedural Posture
Criminal / Sentencing After Guilty Plea
Outcome
Custodial sentence imposed
Legal Topics
Burglary, Sentencing, Mitigation, Drug Offences
Criminal Law Burglary Sentencing Mitigation Drug Offences

Case Brief

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Parties

The Defendant

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing After Guilty Plea

Legal Issues

  1. 1 Appropriate sentence for night-time burglary and possession of cannabis
  2. 2 Weight to be given to intoxication and mitigation in sentencing

Ratio Decidendi

Given the seriousness of night-time burglary, prior conviction, and limited mitigation, a custodial sentence is required despite the defendant's intoxication and efforts at rehabilitation.

Court Disposition

Custodial sentence imposed

Orders

  • 2 years' imprisonment on Count 1 (burglary)
  • 2 weeks' imprisonment concurrent on Count 2 (possession of cannabis)