AG -v- Hughes 10-Mar-2006 [2006] JRC 033 (10 March 2006)
- Citation
- [2006] JRC 033
- 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
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
DefendantCrown Advocate
Prosecutor Counsel: Crown AdvocateAmounts and remedies
- Community Service Hours: 150
- Maximum Custodial Sentence Considered (months): 9
03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
Appropriate sentence for grave and criminal assault
- 02
Effect of provocation and intoxication on sentencing
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
Legal principles
- 01
Court's statement
Grave and criminal assaults are generally punished by custodial sentences.
- 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
Official court record
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Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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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