AG -v- Povey [2010] JRC 156 (27 August 2010)

AG -v- Povey [2010] JRC 156 (27 August 2010)

Given the defendant's repeated breaches of the community service order, despite clear warnings, a custodial sentence is necessary. However, due to the relatively minor nature of the breaches, some credit is given for community service performed, resulting in a 6-week imprisonment with no additional penalty for the breach itself.

Citation
[2010] JRC 156
Parties
Reference Provider: Kalmac Limited; Prosecutor: Attorney General; Defendant: Unnamed Defendant
Jurisdiction
Jersey
Judgment Date
27 August 2010
Procedural Posture
Criminal / Sentencing After Breach of Community Service Order
Outcome
community service order revoked and replaced with custodial sentence
Legal Topics
Common Assault, Community Service Order, Breach of Order, Sentencing
Criminal Law Common Assault Community Service Order Breach of Order Sentencing

Case Brief

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Parties

Kalmac Limited

Reference Provider

Attorney General

Prosecutor

Unnamed Defendant

Defendant

Procedural Posture

Criminal / Sentencing After Breach of Community Service Order

Legal Issues

  1. 1 Appropriate sentence for breach of community service order imposed for common assault
  2. 2 Whether credit should be given for partial completion of community service

Ratio Decidendi

Given the defendant's repeated breaches of the community service order, despite clear warnings, a custodial sentence is necessary. However, due to the relatively minor nature of the breaches, some credit is given for community service performed, resulting in a 6-week imprisonment with no additional penalty for the breach itself.

Court Disposition

community service order revoked and replaced with custodial sentence

Orders

  • Existing community service order removed
  • 6 weeks' imprisonment imposed for common assault