AG -v- Milon [2016] JRC 159 (09 September 2016)
- Citation
- [2016] JRC 159
- 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
Custodial sentences are mandatory for alcohol-fuelled violent assaults and assaults involving a shod foot unless exceptional circumstances exist, which are absent in this case; mitigation justifies a reduction in sentence length but not a non-custodial outcome.
Court disposition
convicted and sentenced
Orders
- 20 months' imprisonment for Count 1
- 4 months' imprisonment for Count 2, consecutive to Count 1
- Total sentence: 24 months' imprisonment
- Exclusion Order from specified licensed premises (excluding Multiplex Cinema, Airport, and ferry terminal) for 12 months, effective from eligibility for release after serving two-thirds of sentence
02
Material facts
Parties
Unknown (Defendant)
Defendant Counsel: Counsel (name not specified)Attorney General (Crown)
Prosecutor Counsel: Crown (name not specified)Amounts and remedies
- Imprisonment for Count 1 (months): 20
- Imprisonment for Count 2 (months): 4
- Total Imprisonment (months): 24
- Exclusion Order Duration (months): 12
03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
Appropriate sentence for two counts of grave and criminal assault
- 02
Consideration of aggravating and mitigating factors in sentencing
- 03
Imposition of exclusion order
Party arguments
- Applicant
- Mitigation based on guilty pleas, genuine remorse, positive conduct in custody, interest in rehabilitation, and delay in prosecution of Count 1.
- Respondent
- Custodial sentence required due to alcohol-fuelled violence, use of shod foot, and defendant's poor record with prior convictions for violence.
05
Court’s reasoning
Legal principles
- 01
Court policy as referenced in judgment
Custodial sentences are the norm for drink-fuelled violence and assaults involving a shod foot, except in exceptional circumstances.
- 02
Court's sentencing practice
Mitigating factors such as guilty pleas, remorse, positive conduct in custody, and delay in prosecution may reduce sentence length.
06
Ratio, limits and disposition
Ratio decidendi
Custodial sentences are mandatory for alcohol-fuelled violent assaults and assaults involving a shod foot unless exceptional circumstances exist, which are absent in this case; mitigation justifies a reduction in sentence length but not a non-custodial outcome.
Obiter and limits
- Court hopes defendant will pursue rehabilitation opportunities such as placement at Silkwood Lodge.
Court disposition
convicted and sentenced
- 20 months' imprisonment for Count 1
- 4 months' imprisonment for Count 2, consecutive to Count 1
- Total sentence: 24 months' imprisonment
- Exclusion Order from specified licensed premises (excluding Multiplex Cinema, Airport, and ferry terminal) for 12 months, effective from eligibility for release after serving two-thirds of sentence
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 DEPUTY BAILIFF: 1. You are to be sentenced for two counts of grave and criminal assault. Both offences, which took place on separate occasions, occurred during the afternoon, were in public and were witnessed by members of the public. They were fuelled by alcohol which is an aggravating factor.
2. On the first occasion there was a verbal altercation following which you punched your victim and kicked him in the face whilst he was on the ground. His injuries were significant, he sustained a fractured jaw and a broken tooth. On the second occasion, you responded violently to a physical prank by punching your victim several times. It cannot be said that you were cooperative with the police. Your record is a bad one with other convictions for violence and a failure to respond to a non-custodial measure.
3. In mitigation, however, we note your guilty pleas, which are of value in this case, and we have read the letters both from you and the references to which your Counsel referred, and we accept your remorse as genuine. We also accept that you have made good use of your time in custody thus far, and you have explained through Counsel your interest in taking up the opportunity of a placement at Silkwood Lodge and we hope that you will continue to express that interest and carry it into effect. A nd we also consider the delay in bringing Count 1 before the courts as a not insignificant factor.
4. However, the policy of the Court, both where drink fuelled violence is concerned, and where there is the use of a shod foot in an assault, both indicate custodial sentences save in exceptional circumstances. There are no exceptional circumstances in this case, and therefore a custodial sentence is inevitable.
5. However, we feel that we can reduce somewhat the conclusions moved for by the Crown and taking all of the mitigation to which I have just made reference into account, and also considering the totality, we sentence you in respect of Count 1; 20 months' imprisonment and to Count 2; 4 months' imprisonment, consecutively, making a total of 24 months' imprisonment.
6. We also make an Exclusion Order in the terms moved for by the Crown, excluding you from st , 2 nd , 4 th , 5 th and 7 th category licensed premises, excluding the Multiplex Cinema, the Airport and the ferry terminal at Elizabeth Harbour, and this for a period of 12 months, taking effect from the day in which you will be eligible for release, having served two-thirds of your sentence. Authorities Harrison-v-AG [2004] JCA 046. AG-v-Anderson [2013] JRC 230 . AG-v-Le Chevere [2015] JRC 053 . AG-v-Silva [2015] JRC 153 . AG-v-Sharman [2016] JRC 067A . AG-v-Vieira [2012] JRC 129 . Page Last Updated: 31 Oct 2016 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
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