AG -v- Samson 30_Apr-2009 [2009] JRC 085 (30 April 2009)

AG -v- Samson 30_Apr-2009 [2009] JRC 085 (30 April 2009)

Exceptional mitigation due to administrative delay and rehabilitation justifies avoiding a custodial sentence for a serious offence; substantial community service is imposed instead.

Citation
[2009] JRC 085
Parties
Defendant: Unknown Defendant; Prosecution: Unknown Prosecution
Jurisdiction
Jersey
Judgment Date
30 April 2009
Procedural Posture
Criminal / Sentencing
Outcome
community service order
Legal Topics
Breaking and Entering, Larceny, Sentencing, Mitigation
Criminal Law Breaking and Entering Larceny Sentencing Mitigation

Case Brief

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Parties

Unknown Defendant

Defendant

Unknown Prosecution

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for breaking and entering and larceny given exceptional mitigation
  2. 2 Impact of delay and rehabilitation on sentencing

Ratio Decidendi

Exceptional mitigation due to administrative delay and rehabilitation justifies avoiding a custodial sentence for a serious offence; substantial community service is imposed instead.

Court Disposition

community service order

Orders

  • Defendant sentenced to 312 hours of community service to be completed within 24 months.
  • Warning issued: failure to comply will result in imprisonment.