AG -v- Howard [2015] JRC 074 (17 April 2015)

AG -v- Howard [2015] JRC 074 (17 April 2015)

Despite the seriousness of the offences and aggravating factor of intoxication, the court departed from the usual custodial sentence due to the defendant's remorse, guilty plea, and evidence of insight and rehabilitation, imposing a community service order, probation, and treatment order as a final opportunity.

Citation
[2015] JRC 074
Parties
Prosecutor: Attorney General; Defendant: Unnamed Defendant
Jurisdiction
Jersey
Judgment Date
17 April 2015
Procedural Posture
Criminal / Sentencing
Outcome
non-custodial sentence imposed
Legal Topics
Breaking and Entering, Larceny, Attempted Larceny, Malicious Damage, Sentencing, Community Service, Probation, Treatment Order
Criminal Law Breaking and Entering Larceny Attempted Larceny Malicious Damage Sentencing Community Service Probation +1 more

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Parties

Attorney General

Prosecutor

Unnamed Defendant

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for breaking and entering, larceny, attempted larceny, and malicious damage committed under intoxication
  2. 2 Whether to depart from custodial sentence in favour of community-based orders

Ratio Decidendi

Despite the seriousness of the offences and aggravating factor of intoxication, the court departed from the usual custodial sentence due to the defendant's remorse, guilty plea, and evidence of insight and rehabilitation, imposing a community service order, probation, and treatment order as a final opportunity.

Court Disposition

non-custodial sentence imposed

Orders

  • 180 hours' Community Service Order (equivalent to 12 months' imprisonment)
  • 12 month Probation Order