AG v Du Feu [2003] JRC 059 (28 March 2003)
- Citation
- [2003] JRC 059
- 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's provocation and character mitigate the offence, but do not excuse the assault; punishment is necessary and reporting restrictions are lifted regarding the victim's father.
Court disposition
convicted
Orders
- Defendant to perform 90 hours' Community Service
- Alternative sentence of 12 months' imprisonment
- Reporting restriction lifted to allow publication of victim's father's name
02
Material facts
Parties
Miss Du Feu
DefendantCrown Advocate
Prosecution Counsel: Crown AdvocateAmounts and remedies
- Community Service Hours: 90
- Alternative Imprisonment Duration (months): 12
03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
Whether provocation mitigates the defendant's culpability for assault
- 02
Whether reporting restrictions should be lifted regarding the victim's father
Party arguments
- Applicant
- Miss Du Feu was subjected to very serious provocation and the offence was out of character. She is a good and caring mother and performing community service will be difficult due to her responsibilities.
- Respondent
- The victim was left alone in an intoxicated condition by her father, which was irresponsible. The defendant's actions could have caused permanent injury or worse, and must be punished despite mitigation.
05
Court’s reasoning
Legal principles
- 01
Children (Amendment No 4) Jersey Law 1974
Article 100(a) of the Children (Amendment No 4) Jersey Law 1974 provides for reporting restrictions in respect of children under 18, but allows the Court discretion to lift restrictions in the public interest.
06
Ratio, limits and disposition
Ratio decidendi
The defendant's provocation and character mitigate the offence, but do not excuse the assault; punishment is necessary and reporting restrictions are lifted regarding the victim's father.
Obiter and limits
- Leaving a child intoxicated in a public place is grossly irresponsible.
- If the victim had not been left alone, the offence would probably not have occurred.
Court disposition
convicted
- Defendant to perform 90 hours' Community Service
- Alternative sentence of 12 months' imprisonment
- Reporting restriction lifted to allow publication of victim's father's name
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. We wish to deal first with the events leading up to this grave and criminal assault. We are told by the Crown Advocate that some 20 minutes before the assault took place, the fifteen year old victim was left alone by her father in an intoxicated condition in a public place. This was on the face of it a grossly irresponsible act by a parent.
2. If she had not been left to her own devices in this drunken condition it seems to us unlikely that the girl would have armed herself with a chair leg and a bottle, and set out to cause trouble for the defendant. In short, if the girl had not been left in that way the offence would probably not have taken place at all. Article 100 (a) of the Children (Amendment No 4) Jersey Law 1974 provides for reporting restrictions in respect of children under the age of 18, but gives the Court a discretion to dispense with this restriction in the public interest to the extent that the Court thinks fit. We lift the restriction to the extent of authorising publication of the name of the father of the victim.
3. Miss Du Feu we accept that you were subjected to very serious provocation. That does not, however, excuse attacking this girl in the way that you did; you could easily have caused her permanent injury, or worse. But for all the mitigation available to you, you would undoubtedly have been sent to prison for a substantial time.
4. Having said that, we accept that the offence was entirely out of character. We have read the reports and we accept that you are a very good and caring mother to your children. Performing community service in addition to looking after 4 small children will be very difficult for you, but I am sure you understand that we have to punish you for the offence that you have admitted.
5. We are going to reduce the conclusions. We will order you to perform 90 hours' Community Service, and we state that the alternative to that sentence is a sentence of 12 months' imprisonment. Authorities Mallet -v- A. G. (2000) JLR 256 , Page Last Updated: 18 Jun 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
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