AG -v- Bree [2005] JRC 177 (19 December 2005)

AG -v- Bree [2005] JRC 177 (19 December 2005)

The seriousness of the offences, particularly affray with weapons in a public place and while on remand, outweighs mitigating factors, justifying a custodial sentence despite recommendations for a non-custodial penalty.

Citation
[2005] JRC 177
Jurisdiction
Jersey
Judgment Date
19 December 2005
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Affray, Larceny, Sentencing, Public Order Offences
Criminal Law Affray Larceny Sentencing Public Order Offences

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the offence of affray and related offences warrant a custodial sentence
  2. 2 Whether mitigating circumstances justify a non-custodial penalty

Ratio Decidendi

The seriousness of the offences, particularly affray with weapons in a public place and while on remand, outweighs mitigating factors, justifying a custodial sentence despite recommendations for a non-custodial penalty.

Court Disposition

convicted and sentenced

Orders

  • Fine of £100 or 1 week's imprisonment in default on Count 1
  • 2 months' imprisonment on Count 2