AG -v- Modzelewski_ [2009] JRC 111 (05 June 2009)
- Citation
- [2009] JRC 111
- 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 acts of drunken violence constituted affray warranting 15 months' imprisonment; mitigating factors precluded a recommendation for deportation.
Court disposition
convicted and sentenced
Orders
- 15 months' imprisonment
- No recommendation for deportation
02
Material facts
Parties
Modzelewski
Defendant Counsel: defence counselCrown Advocate
Prosecution Counsel: Crown AdvocateAmounts and remedies
- Imprisonment Term: 15
03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
appropriate sentence for affray involving drunken violence
- 02
whether deportation should be recommended
Party arguments
- Applicant
- Defence counsel submitted that the events were out of character, the defendant had pursued sporting interests, learnt the language, been employed, and produced good references.
- Respondent
- Crown Advocate argued for severe punishment, noting the appalling spectacle and potential fear caused to passers by.
05
Court’s reasoning
Legal principles
- 01
Court reasoning
Behaviour involving drunken violence and affray attracts severe punishment.
- 02
Court reasoning
Mitigating factors such as guilty plea and character may influence sentencing and deportation recommendations.
06
Ratio, limits and disposition
Ratio decidendi
The defendant's acts of drunken violence constituted affray warranting 15 months' imprisonment; mitigating factors precluded a recommendation for deportation.
Obiter and limits
- The defendant has much to be thankful for due to friends restraining him.
- The events were out of character and should not be repeated.
Court disposition
convicted and sentenced
- 15 months' imprisonment
- No recommendation for deportation
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. This defendant has pleaded guilty to an affray during which he committed several acts of drunken violence including punching and kicking people while they were on the ground. It is clear, from the CCTV footage that the Court has viewed, that the defendant was restrained by his friends from further acts of violence and that he has a lot to be thankful for in the sense that his friends acted with that restraint. So far as the defendant was concerned he was plainly drunk and out of control. The fighting on the streets of the town presented an appalling spectacle.
2. We are not persuaded that no passers by witnessed any of the violence. It is true that the CCTV cameras did not reveal the presence of others but at that time of night it seems to the Court at least possible that others not within the range of the cameras witnessed the fighting and would have been put in great fear by it. The Court is determined to make it clear that this kind of behaviour will not be tolerated and will attract severe punishment.
3. We think that the conclusions of the Crown Advocate, notwithstanding the mitigating factors of the guilty plea and other matters are correct.
4. Modzelewski, you are accordingly sentenced to 15 months' imprisonment.
5. So far as the question of deportation is concerned we have asked ourselves whether the continued presence of the defendant is detrimental to the interests of the community. On balance we answer that question in the negative. The defendant has pursued sporting interests in the island, has learnt the language, has been in employment and has produced good references to the Court. We accept the submission of defence counsel that the events on this occasion were out of character and should not be repeated.
6. We decline therefore to make any recommendation to the Lieutenant-Governor for deportation. Authorities Gill-v-AG 1999/160. AG-v-Lovegrove and McShane 2002/154. AG-v-Harvey and McLoughlin 2002/95. AG-v-Burke [2008] JRC 143 . Page Last Updated: 29 Jul 2016 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.