Jersey Judgment

AG -v- Hughes 10-Mar-2006 [2006] JRC 033 (10 March 2006)

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Source document

01

Holding and result

Despite the gravity of the assault and the defendant's intoxication, a custodial sentence was not imposed due to mitigating factors presented by the Crown Advocate; instead, a community service order was deemed appropriate.

Court disposition

convicted; non-custodial sentence imposed

Orders

  • Defendant to perform 150 hours of Community Service to the satisfaction of the Community Service Organiser.

02

Material facts

Parties

Hughes

Defendant

Crown Advocate

Prosecutor Counsel: Crown Advocate

Amounts and remedies

  • Community Service Hours: 150
  • Maximum Custodial Sentence Considered (months): 9

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

Party arguments

Applicant
No explicit argument from the defendant is recorded in the judgment.
Respondent
The Crown Advocate provided reasons against imposing a custodial sentence.

05

Court’s reasoning

  1. 01

    Court's statement

    Grave and criminal assaults are generally punished by custodial sentences.

  2. 02

    Court's statement

    Drunkenness is not an excuse for criminal behaviour.

06

Ratio, limits and disposition

Ratio decidendi

Despite the gravity of the assault and the defendant's intoxication, a custodial sentence was not imposed due to mitigating factors presented by the Crown Advocate; instead, a community service order was deemed appropriate.

Obiter and limits

  • Violence is not an acceptable way of resolving disputes, even if provoked.
  • Drunkenness leading to loss of self-control can have serious consequences.

Court disposition

convicted; non-custodial sentence imposed

  • Defendant to perform 150 hours of Community Service to the satisfaction of the Community Service Organiser.

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[2006] JRC 033

JUDGMENT THE BAILIFF: 1. Hughes, generally speaking, the Court punishes grave and criminal assaults by imposing custodial sentences. The reason for that is that violence of this kind, even if it is provoked in the way in which you were perhaps provoked, is not an acceptable way of resolving disputes.

2. We are not going to impose a custodial sentence for all the reasons given by the Crown Advocate. We hope, nonetheless, that you are thoroughly ashamed of what happened on that evening and furthermore understand what can happen when you get yourself so drunk that you lose your self control. Drunkenness is not an excuse for criminal behaviour.

3. The Jurats consider that if a sentence of imprisonment had been imposed it would not have exceeded 9 months, and translating that into community service, the sentence of the Court is that you will perform 150 hours' Community Service to the satisfaction of the Community Service Organiser. No Authorities Page Last Updated: 26 Jun 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII

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