Jersey Judgment

AG v Holley [2001] JRC 169 (02 August 2001)

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Professional case brief

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Source document

01

Holding and result

The jury unanimously rejected the plea of provocation and found the defendant guilty of murder, for which the only lawful sentence is life imprisonment.

Court disposition

convicted and sentenced

Orders

  • Imprisonment for life

02

Material facts

Parties

Holley

Defendant

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

Whether the defendant was guilty of murder or entitled to a lesser verdict due to provocation

Party arguments

Applicant
The defendant pleaded provocation as a defense to the charge of murder.
Respondent
The prosecution rejected the plea of provocation and maintained the defendant was guilty of murder.

05

Court’s reasoning

  1. 01

    statutory law

    The law prescribes only one punishment for murder: life imprisonment.

06

Ratio, limits and disposition

Ratio decidendi

The jury unanimously rejected the plea of provocation and found the defendant guilty of murder, for which the only lawful sentence is life imprisonment.

Court disposition

convicted and sentenced

  • Imprisonment for life

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[2001] JRC 169

JUDGMENT THE BAILIFF: 1. Holley, you were convicted by the jury of murder, the jury rejecting, unanimously, your plea of provocation. You are a violent man and you continue, even today, to deny responsibility for your aggressive actions. The reality is that you committed a vile crime, snuffing out the life of a woman, who did not deserve the treatment which you meted out to her. The law prescribes only one punishment for murder. You are sentenced to imprisonment for life. No Authorities Page Last Updated: 19 Aug 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII

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