AG v Herve [2000] JRC 40 (03 March 2000)

AG v Herve [2000] JRC 40 (03 March 2000)

The violent attack warranted a custodial sentence, and the sentences for common assault and grave and criminal assault should run consecutively, with mitigation applied to the latter.

Citation
[2000] JRC 40
Parties
Prosecution: The Crown; Defendant: Accused
Jurisdiction
Jersey
Judgment Date
03 March 2000
Procedural Posture
Criminal / Sentencing
Outcome
conviction and custodial sentence
Legal Topics
Assault, Sentencing, Mitigation, Consecutive Sentences
Criminal Law Assault Sentencing Mitigation Consecutive Sentences

Case Brief

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Parties

The Crown

Prosecution

Accused

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for violent assault on staff member
  2. 2 Whether sentences for common assault and grave and criminal assault should run consecutively
  3. 3 Extent of mitigation for accused's background and guilty plea

Ratio Decidendi

The violent attack warranted a custodial sentence, and the sentences for common assault and grave and criminal assault should run consecutively, with mitigation applied to the latter.

Court Disposition

conviction and custodial sentence

Orders

  • 3 months' imprisonment on count 1 (common assault)
  • 2 years' imprisonment on count 2 (grave and criminal assault), consecutive to count 1