Jersey Judgment

AG v Blackley [2000] JRC 114 (23 June 2000)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

A custodial sentence is necessary for gratuitous violence aggravated by drunkenness, with consecutive sentences justified for aggression towards police and an exclusion order warranted under statutory authority.

Court disposition

convicted and sentenced

Orders

  • 1 week's imprisonment on count 1
  • 3 weeks' imprisonment on count 2, concurrent with count 1, consecutive to count 3
  • 3 years and 3 months' imprisonment on count 3
  • total sentence of 3 years, 3 months and 3 weeks' imprisonment
  • exclusion order from First and Seventh Category premises for 18 months from release

02

Material facts

Parties

Unknown Defendant

Defendant Counsel: defence counsel

Attorney General

Prosecutor

Amounts and remedies

  • Imprisonment (count 1): week 1
  • Imprisonment (count 2): week 3
  • Imprisonment (count 3): year 3.25
  • Total Imprisonment: year 3.058
  • Exclusion Order Duration: month 18

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

Party arguments

Applicant
Mitigating factors include guilty plea and genuine remorse expressed to the Probation Officer.
Respondent
The offence involved gratuitous violence and drunken aggression, warranting a custodial sentence and additional punishment for behaviour towards police.

05

Court’s reasoning

  1. 01

    Falle v AG (19th June, 1995) Jersey Unreported

    Custodial sentences are appropriate for gratuitous violence and drunken aggression, especially towards police.

  2. 02

    Licensed Premises (Exclusion of Certain Persons) (Jersey) Law 1998

    Exclusion orders may be imposed under statutory authority for offences involving licensed premises.

06

Ratio, limits and disposition

Ratio decidendi

A custodial sentence is necessary for gratuitous violence aggravated by drunkenness, with consecutive sentences justified for aggression towards police and an exclusion order warranted under statutory authority.

Obiter and limits

  • The Court will not tolerate aggressive behaviour in licensed premises or elsewhere.
  • Hope expressed that the defendant will control drinking and improve life after release.

Court disposition

convicted and sentenced

  • 1 week's imprisonment on count 1
  • 3 weeks' imprisonment on count 2, concurrent with count 1, consecutive to count 3
  • 3 years and 3 months' imprisonment on count 3
  • total sentence of 3 years, 3 months and 3 weeks' imprisonment
  • exclusion order from First and Seventh Category premises for 18 months from release

Source and reliance status

Official court record

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Judgment reading view

Judgment text

The complete available source text.

Source document

Court record

Judgment

[2000] JRC 114

JUDGMENT THE DEPUTY BAILIFF: 1. This was a piece of gratuitous violence brought about by excessive drinking which could easily, but for good fortune, have blinded the victim. The Court will not tolerate this kind of aggressive behaviour, whether in licensed premises or elsewhere, and a custodial sentence must be imposed.

2. We take into account the mitigating factors mentioned by your counsel and in particular the fact that you pleaded guilty to the indictment and the remorse for your actions which you expressed to the Probation Officer which we accept as being genuine. Those factors have enabled the Court to reduce the conclusions on count 3, although we think that the sentences on counts 1 and 2, though concurrent with each other, should follow count 3 consecutively, because drunkenly aggressive behaviour towards the police should attract additional punishment. We hope that when you come out of prison after serving your sentence you will control your drinking and make something of your life.

3. On count 1, you are sentenced to 1 week's imprisonment; on count 2, you are sentenced to 3 weeks' imprisonment, concurrent with count 1, but consecutive to count 3; on count 3, you are sentenced to 3 years and 3 months' imprisonment, making a total of 3 years, 3 months and 3 weeks' imprisonment. We also make an exclusion order excluding you from First and Seventh Category premises for 18 months to date from your release from prison. Authorities Falle -v- AG (19th June, 1995) Jersey Unreported. AG -v- Swanston (19th October, 1998) Jersey Unreported. AG -v- Mallet (24th May, 2000) Jersey Unreported. AG -v- McLean & Lockhead (18th March, 1994) Jersey Unreported. Licensed Premises (Exclusion of Certain Persons) (Jersey) Law 1998. Page Last Updated: 19 Aug 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Falle v AG (19th June, 1995) Jersey Unreported

Case cited

AG v Swanston (19th October, 1998) Jersey Unreported

Case cited

AG v Mallet (24th May, 2000) Jersey Unreported

Case cited

AG v McLean & Lockhead (18th March, 1994) Jersey Unreported

Case cited

Licensed Premises (Exclusion of Certain Persons) (Jersey) Law 1998

Legislation

Legislation referenced in the available case record.

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