AG -v- O'Brien [2015] JRC 098 (11 May 2015)

AG -v- O'Brien [2015] JRC 098 (11 May 2015)

Given the defendant's substantial criminal record, repeated failure of alternative sentencing options, and aggravating factors including alcohol, a custodial sentence is both correct and inevitable.

Citation
[2015] JRC 098
Parties
Defendant: Unnamed Defendant; Prosecutor: Crown
Jurisdiction
Jersey
Judgment Date
11 May 2015
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Larceny, Receiving Stolen Property, Sentencing, Aggravating Factors, Mitigating Factors
Criminal Law Larceny Receiving Stolen Property Sentencing Aggravating Factors Mitigating Factors

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Parties

Unnamed Defendant

Defendant

Crown

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for larceny and receiving stolen property
  2. 2 Effect of alcohol and prior convictions on sentencing

Ratio Decidendi

Given the defendant's substantial criminal record, repeated failure of alternative sentencing options, and aggravating factors including alcohol, a custodial sentence is both correct and inevitable.

Court Disposition

convicted and sentenced

Orders

  • Imprisonment for 15 months on Counts 1 and 2, to run concurrently.
  • Imprisonment for 12 months on Counts 3, 4, and 5, to run concurrently with each other but consecutively to Counts 1 and 2.