AG v Volante and Others [2009] JRC 002 (07 January 2009)

AG v Volante and Others [2009] JRC 002 (07 January 2009)

The court held that, despite the serious and anti-social nature of the conduct, the defendants could not be sentenced for the destruction of the Ferrari as they were not charged with that offence. Sentences should be consistent with Magistrate's Court guidelines, and the totality of the offending did not justify custodial sentences for these young defendants.

Citation
[2009] JRC 002
Parties
Defendant: Volante; Defendant: Rankin; Defendant: Doolan; Defendant: Falle; Defendant: Goncalves; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
07 January 2009
Procedural Posture
Criminal / Sentencing Judgment
Outcome
convicted and sentenced
Legal Topics
Taking and Driving Away, Driving Without Insurance, Malicious Damage, Youth Offenders, Sentencing
Criminal Law Taking and Driving Away Driving Without Insurance Malicious Damage Youth Offenders Sentencing

Case Brief

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Parties

Volante

Defendant

Rankin

Defendant

Doolan

Defendant

Falle

Defendant

Goncalves

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Appropriate sentencing for youth offenders involved in taking and driving away a vehicle, driving without insurance, and malicious damage
  2. 2 Whether sentences should exceed Magistrate's Court guidelines due to the destruction of the vehicle

Ratio Decidendi

The court held that, despite the serious and anti-social nature of the conduct, the defendants could not be sentenced for the destruction of the Ferrari as they were not charged with that offence. Sentences should be consistent with Magistrate's Court guidelines, and the totality of the offending did not justify custodial sentences for these young defendants.

Court Disposition

convicted and sentenced

Orders

  • Volante: 90 hours' Community Service (equivalent to 3 months' imprisonment) for taking and driving away; £100 fine for count 2 or 7 days' imprisonment in default; £600 fine for count 3 or 6 weeks' imprisonment in default; total fines £700 payable at £100 per week; disqualified from driving for 6 months.
  • Rankin: 70 hours' Community Service (equivalent to 2 months' youth detention) for count 1A; £100 fine for count 2 payable in 2 weeks or 7 days' youth detention in default.