AG v O'Brien [2004] JRC 055 (19 March 2004)

AG v O'Brien [2004] JRC 055 (19 March 2004)

The defendant's offences were serious, involved aggravating features, and he had a long record of previous convictions; despite some mitigating factors, a custodial sentence totaling three years was warranted.

Source-derived case information.

Citation
[2004] JRC 055
Parties
Defendant: The Defendant; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
19 March 2004
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Aiding and Abetting, Illegal Entry, Larceny, Sentencing
Criminal Law Aiding and Abetting Illegal Entry Larceny Sentencing

Source-derived case record

Summary, issues, holding and outcome

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Parties

The Defendant

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for aiding and abetting break-in
  2. 2 appropriate sentence for illegal entry with intent to commit a crime
  3. 3 appropriate sentence for larceny

Ratio Decidendi

The defendant's offences were serious, involved aggravating features, and he had a long record of previous convictions; despite some mitigating factors, a custodial sentence totaling three years was warranted.

Court Disposition

convicted and sentenced

Orders

  • 18 months' imprisonment on count 1A
  • 6 months' imprisonment on count 3, concurrent