AG -v- Casey [2005] JRC 174 (16 December 2005)
- Citation
- [2005] JRC 174
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Sentencing
More details
- Posture
- Criminal / Sentencing
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The defendant was provoked and did not intend to cause injury; a fine is appropriate rather than a community service order, considering mitigating factors.
Court disposition
convicted and fined
Orders
- Fine of £2000 to be paid at £200 per week
- In default of payment, 9 months imprisonment
02
Material facts
Parties
Casey
DefendantUnnamed girl
VictimAmounts and remedies
- Fine Amount: GBP 2,000
- Weekly Payment Rate: GBP 200
- Default Imprisonment Duration (months): 9
03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
appropriate penalty for assault causing injury
- 02
effect of provocation on sentencing
Party arguments
- Applicant
- Provocation was present; intention was only to throw drink, not to cause injury; previous good character and ongoing care for mother should be considered.
- Respondent
- The victim suffered a permanent scar and could have been blinded; seriousness of injury must be considered.
05
Court’s reasoning
Legal principles
- 01
sentencing practice
Provocation and lack of intent to cause injury may mitigate sentence.
- 02
sentencing practice
Previous good character and personal circumstances may be considered in sentencing.
06
Ratio, limits and disposition
Ratio decidendi
The defendant was provoked and did not intend to cause injury; a fine is appropriate rather than a community service order, considering mitigating factors.
Obiter and limits
- The victim will carry a scar for life.
- The fine should remind the defendant of the consequences of losing control and excessive drinking.
Court disposition
convicted and fined
- Fine of £2000 to be paid at £200 per week
- In default of payment, 9 months imprisonment
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
JUDGMENT THE BAILIFF: 1. Casey, you are fortunate that no more serious injury was caused when the glass you were holding struck the girl in the eye she could easily have been blinded and even though she has not been prosecuted for her part in these events, she will carry a scar for the rest of her life.
2. We accept that you were provoked. We accept that you only intended to throw drink over her and that the blow with the glass was accidental. We have also taken account of everything that your advocate has said of your previous good character, the matters set out in the background report, and in particular the care you are continuing to give to your mother.
3. We think that the appropriate penalty in this case is a fine rather than a community service order, a fine which will sting sufficiently to remind you of what can go wrong when you lose control and drink too much. We are going to fine you £2000 and that fine will be paid at a rate of £200 per week. In default of payment you will go to prison for 9 months. No Authorities Page Last Updated: 18 Aug 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.