AG -v- Opinca [2013] JRC 254 (13 December 2013)
- Citation
- [2013] JRC 254
- 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, 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
DefendantCrown
ProsecutionAmounts and remedies
- Fine: GBP 200
- Compensation: GBP 150
03
Procedural history
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
Legal principles
- 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 reading view
Judgment text
The complete available source text.
Court record
Judgment
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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