Jersey Judgment

AG -v- Brown [2017] JRC 184 (30 October 2017)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The defendant's low culpability is outweighed by the risk he poses to the public, necessitating a life sentence with a minimum term of 6 years.

Court disposition

Defendant sentenced to life imprisonment with a minimum term of 6 years.

Orders

  • Defendant to serve life imprisonment.
  • Minimum period of 6 years' imprisonment from today before eligibility for release.

02

Material facts

Parties

Defendant

Defendant

Crown

Prosecution

Victim

Victim

Amounts and remedies

  • Minimum Period of Imprisonment: 6

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

Party arguments

Applicant
The defendant has a low level of culpability due to injuries sustained in prison in 2003.
Respondent
The Crown argued for a higher minimum period of imprisonment.

05

Court’s reasoning

  1. 01

    Homicide (Jersey) Law 1986

    Life sentence is appropriate where public protection is required despite low culpability.

  2. 02

    Criminal Justice (Life Sentences)(Jersey) Law 2014

    Minimum term must reflect culpability and risk to the public.

06

Ratio, limits and disposition

Ratio decidendi

The defendant's low culpability is outweighed by the risk he poses to the public, necessitating a life sentence with a minimum term of 6 years.

Obiter and limits

  • The Court expresses sympathy to the victim's family.
  • There was no consensus on the minimum period among the judges.

Court disposition

Defendant sentenced to life imprisonment with a minimum term of 6 years.

  • Defendant to serve life imprisonment.
  • Minimum period of 6 years' imprisonment from today before eligibility for 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

[2017] JRC 184

JUDGMENT THE BAILIFF: 1. The defendant is here to be sentenced on one count of having committed manslaughter by the killing of the victim in October 2016 and the first thing to say is that a full judgment is going to be delivered later and the remarks I am going to make now are very much preliminary.

2. This is a case, all manslaughter cases are, where the death of a human being is a tragedy and we start by saying that we express our sympathy to the family of the victim; they have to take prime place in what we are considering.

3. The next thing to say is that the Court accepts that the evidence before us today is that this defendant has a low level of culpability as a result of the injuries which he sustained in prison in 2003. But the Court is unanimously of the view that the risk which he presents is such that the public must be protected on his release from custody and we therefore consider that the life sentence is the only way of achieving that.

4. There has not been consensus in the Court as to the minimum period which the defendant should serve. We think the Crown's conclusions on the minimum period are much too high given the low level of culpability. Four Jurats considered that the minimum period should be 6 years' imprisonment, two considered it should be 5 years' imprisonment from today, in other words taking into account already time served.

5. In the circumstances therefore the sentence is that the defendant is sentenced to a period of life imprisonment and must serve a minimum period of 6 years from today and full reasons for that will follow in a judgment to be delivered as soon as possible.

6. We thank counsel and the experts as well for their assistance. Authorities Homicide (Jersey) Law 1986. Criminal Justice (Life Sentences)(Jersey Law 2014. AG-v-Rzeszowski [2012] JRC 198 . C-v-AG [2015] JCA 159 . R-v-Clive Wood [2009] EWCA Crim 651 . R-v-Beaver [2015] EWCA Crim 653. Page Last Updated: 27 Nov 2017 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.

AG-v-Rzeszowski [2012] JRC 198

Case cited

C-v-AG [2015] JCA 159

Case cited

R-v-Clive Wood [2009] EWCA Crim 651

Case cited

R-v-Beaver [2015] EWCA Crim 653

Case cited

Homicide (Jersey) Law 1986

Legislation

Legislation referenced in the available case record.

Criminal Justice (Life Sentences)(Jersey) Law 2014

Legislation

Legislation referenced in the available case record.

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