AG v Alves [2020] JRC 135 (08 July 2020)

AG v Alves [2020] JRC 135 (08 July 2020)

Despite breach of the original order, the Court exercised discretion to allow the defendant one final opportunity to comply, but increased the community service hours to mark the failure and warned that further non-compliance would result in custody.

Citation
[2020] JRC 135
Parties
Defendant: Unknown (Defendant); Prosecution: The Crown
Jurisdiction
Jersey
Judgment Date
08 July 2020
Procedural Posture
Sentencing/probation Violation / Sentencing/variation of Order
Outcome
Community Service Order continued and varied; Probation Order discharged; warning issued regarding future non-compliance.
Legal Topics
Probation Order, Community Service, Sentencing, Breach of Court Order
Criminal Law Probation Order Community Service Sentencing Breach of Court Order

Case Brief

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Parties

Unknown (Defendant)

Defendant

The Crown

Prosecution

Procedural Posture

Sentencing/probation Violation / Sentencing/variation of Order

Legal Issues

  1. 1 Whether the defendant should be given another opportunity to comply with the Community Service Order after breach of the original order.

Ratio Decidendi

Despite breach of the original order, the Court exercised discretion to allow the defendant one final opportunity to comply, but increased the community service hours to mark the failure and warned that further non-compliance would result in custody.

Court Disposition

Community Service Order continued and varied; Probation Order discharged; warning issued regarding future non-compliance.

Orders

  • Community Service Order continued and increased to 100 hours (equivalent to 4 months' imprisonment).
  • Probation Order discharged.