AG -v- Wallace [2009] JRC 208 (30 October 2009)

AG -v- Wallace [2009] JRC 208 (30 October 2009)

The court decided not to impose a custodial sentence because the Community Service organiser was willing to allow Wallace to continue, but increased the hours as a penalty for non-compliance.

Citation
[2009] JRC 208
Parties
Defendant: Wallace; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
30 October 2009
Procedural Posture
Criminal / Sentencing Review
Outcome
Community Service Order continued with additional hours imposed as penalty.
Legal Topics
Community Service Order, Breach of Community Service, Sentencing Alternatives
Criminal Law Community Service Order Breach of Community Service Sentencing Alternatives

Case Brief

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Parties

Wallace

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing Review

Legal Issues

  1. 1 Whether breach of community service order warrants custodial sentence
  2. 2 Appropriate penalty for failure to comply with community service

Ratio Decidendi

The court decided not to impose a custodial sentence because the Community Service organiser was willing to allow Wallace to continue, but increased the hours as a penalty for non-compliance.

Court Disposition

Community Service Order continued with additional hours imposed as penalty.

Orders

  • Community Service Order to continue in force.
  • 50 hours added to Community Service Order as penalty.