AG v W [2022] JRC 041 (08 February 2022)

AG v W [2022] JRC 041 (08 February 2022)

The defendant has a history of non-compliance with the Community Service Order and has shown unwillingness to accept supervision, but given the probation officer's positive report and recommendation, the Court gives one final opportunity by revoking and re-imposing a new Community Service Order with increased hours.

Citation
[2022] JRC 041
Parties
Referrer: Attorney General; Defendant: W
Jurisdiction
Jersey
Judgment Date
08 February 2022
Procedural Posture
Breach of Community Service Order / Sentencing After Breach
Outcome
Community Service Order revoked and re-imposed with increased hours; Probation Order to remain in force.
Legal Topics
Community Service Order, Breach of Non Custodial Sentence, Youth Detention, Sentencing Discretion
Criminal Law Youth Justice Community Service Order Breach of Non Custodial Sentence Youth Detention Sentencing Discretion

Case Brief

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Parties

Attorney General

Referrer

W

Defendant

Procedural Posture

Breach of Community Service Order / Sentencing After Breach

Legal Issues

  1. 1 Whether the defendant is unwilling or unable to comply with a Community Service Order
  2. 2 Whether youth detention is appropriate following breach of a Community Service Order

Ratio Decidendi

The defendant has a history of non-compliance with the Community Service Order and has shown unwillingness to accept supervision, but given the probation officer's positive report and recommendation, the Court gives one final opportunity by revoking and re-imposing a new Community Service Order with increased hours.

Court Disposition

Community Service Order revoked and re-imposed with increased hours; Probation Order to remain in force.

Orders

  • Community Service Order of 160 hours to be completed by 31st December 2022 imposed.
  • Probation Order to continue in force.