AG -v- Carboulec [2015] JRC 196A (25 September 2015)

AG -v- Carboulec [2015] JRC 196A (25 September 2015)

Given the defendant's long record, repeated breaches of probation, and the seriousness of the current offences, a total sentence of 14 months' imprisonment is justified and not excessive. An exclusion order is appropriate but should not extend to third category premises (restaurants serving alcohol).

Citation
[2015] JRC 196A
Parties
Defendant: Unknown Defendant; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
25 September 2015
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Public Order Offences, Malicious Damage, Breach of Probation, Sentencing, Exclusion Orders
Criminal Law Public Order Offences Malicious Damage Breach of Probation Sentencing Exclusion Orders

Case Brief

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Parties

Unknown Defendant

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for public order and malicious damage offences
  2. 2 Consequence of repeated breach of probation
  3. 3 Scope and duration of exclusion order

Ratio Decidendi

Given the defendant's long record, repeated breaches of probation, and the seriousness of the current offences, a total sentence of 14 months' imprisonment is justified and not excessive. An exclusion order is appropriate but should not extend to third category premises (restaurants serving alcohol).

Court Disposition

convicted and sentenced

Orders

  • 9 months' imprisonment on Count 1 (public order offence)
  • 3 months' imprisonment on Count 2 (malicious damage)