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Jersey Unreported Judgments |
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You are here: BAILII >> Databases >> Jersey Unreported Judgments >> AG v Burnside 09- Mar-2021 [2021] JRC 067 (09 March 2021) URL: http://www.bailii.org/je/cases/UR/2021/2021_067.html Cite as: [2021] JRC 67, [2021] JRC 067 |
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Before : |
T. J. Le Cocq, Esq., Bailiff, and Jurats Olsen and Austin-Vautier |
The Attorney General
-v-
Dylan James Burnside
C. R. Baglin, Crown Advocate.
Advocate R. C. L. Morley-Kirk for the Defendant.
JUDGMENT
THE BAILIFF:
1. You have pleaded guilty to serious offences, two of which were committed whilst you were on bail for the first, although we understand that the drugs related second offence was not a new acquisition of the drugs but that you had had it at home in any event.
2. The presumption in favour of bail is accordingly removed, and following the case referred to by the Crown, AG v Dixey and Pereira, [2017] JRC 066 the presumption, absent exceptional circumstances, would be in favour of a custodial remand.
3. We note your guilty plea, we note that you have named your supplier and with the exception of the obstruction charge, were otherwise co-operative with the police in their investigation. We note that you have a good record and we note your youth. We also note that you have the benefit of extremely supportive references from people who clearly care about you and believe in you.
4. We cannot say with certainty that a custodial sentence would, therefore, be inevitable and we think cumulatively the material before us amounts to exceptional circumstances in this case. Accordingly, we admit you to bail on the same terms that have applied up to now, to return before the Inferior Number of this court on the 24th March at 10:00am for sentence.
5. Now, let me give you two warnings. The first is, of course, that you must not re-offend and you must follow absolutely the terms and conditions of your bail. Any failure to do so will inevitably mean that you will be detained in custody until you are back before the court.
6. The second warning is this. Nothing that we say is any indication of how the Sentencing Court might elect to dispose of this matter when you eventually come back on the 24th March. It may deal with it by a custodial sentence, we are not anticipating that in any way at all, so you have to understand that that is still very much an option open to the sentencing court. However, you are admitted to bail at this point.
