Jersey Judgment

AG -v- Opinca [2013] JRC 254 (13 December 2013)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The defendant, having been acquitted of assault but convicted of malicious damage, is sentenced to a fine and ordered to pay compensation, considering his good character and apology.

Court disposition

convicted of malicious damage, acquitted of assault

Orders

  • Fine of £200 or 2 weeks' imprisonment in default
  • Compensation of £150 to co-habittee
  • One week to pay

02

Material facts

Parties

Defendant

Defendant

Crown

Prosecution

Amounts and remedies

  • Fine: GBP 200
  • Compensation: GBP 150

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

appropriate sentence for malicious damage

Party arguments

Applicant
The defendant is of good character, has apologised, and does not oppose the Crown's conclusions.
Respondent
The Crown's conclusions are not opposed by the defendant.

05

Court’s reasoning

  1. 01

    general sentencing principles

    Sentencing for malicious damage should be proportionate and may include fines and compensation.

06

Ratio, limits and disposition

Ratio decidendi

The defendant, having been acquitted of assault but convicted of malicious damage, is sentenced to a fine and ordered to pay compensation, considering his good character and apology.

Court disposition

convicted of malicious damage, acquitted of assault

  • Fine of £200 or 2 weeks' imprisonment in default
  • Compensation of £150 to co-habittee
  • One week to pay

Source and reliance status

Official court record

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Judgment text

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Source document

Court record

Judgment

[2013] JRC 254

JUDGMENT THE commissioner: 1. The defendant was committed to this Court for one count of grave and criminal assault and one count of malicious damage. He was acquitted of the grave and criminal assault and therefore stands to be sentenced for the malicious damage, an offence which ordinarily would be dealt with in the Magistrate's Court. The very brief facts are that in the course of an argument with his co- habittee , and under the influence of alcohol, the defendant punched the bedroom door damaging it. The defendant is a man of good character and has written to us apologising for his behaviour and he does not oppose the conclusions of the Crown.

2. We therefore impose a fine of £200 or 2 weeks' imprisonment in default and we order you to pay compensation of £150 to your co- habittee . You have one week in which to pay. No Authorities Page Last Updated: 17 Aug 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII

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