AG -v- Porter [2013] JRC 092A (15 May 2013)
- Citation
- [2013] JRC 092A
- 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 assault, though serious, was provoked and not a deliberate glassing; thus, a sentence of community service is appropriate instead of imprisonment.
Court disposition
convicted and sentenced
Orders
- 120 hours' Community Service imposed
- No Probation Order imposed
- No Exclusion Order imposed
02
Material facts
Parties
Crown
ProsecutionAmounts and remedies
- Community Service Hours: 120
- Imprisonment Equivalent (months): 6
03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
Whether the defendant should be sentenced to imprisonment or community service for grave and criminal assault involving glassing
- 02
Whether provocation and lack of intent to glass are mitigating factors
Party arguments
- Applicant
- The victim initiated the incident, and the defendant's action was an instinctive reaction rather than a deliberate glassing. The defendant has no previous convictions.
- Respondent
- The Crown accepts the mitigating circumstances and recommends community service instead of imprisonment.
05
Court’s reasoning
Legal principles
- 01
AG-v-Holmes and Parry 2001/83
Where an assault involving a glass is not deliberate but an instinctive reaction, and provocation is present, the case may be distinguished from conventional glassing and may warrant a non-custodial sentence.
06
Ratio, limits and disposition
Ratio decidendi
The defendant's assault, though serious, was provoked and not a deliberate glassing; thus, a sentence of community service is appropriate instead of imprisonment.
Obiter and limits
- If community service is not performed as directed, the defendant may be resentenced for the offence.
- No Probation or Exclusion Order is imposed due to absence of previous convictions and lack of necessity.
Court disposition
convicted and sentenced
- 120 hours' Community Service imposed
- No Probation Order imposed
- No Exclusion Order imposed
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 here to be sentenced on a count of grave and criminal assault where the circumstances were that, despite some provocation on the part of the victim, you swung your arm to punch him and in your hand you were holding a glass, which made contact with the victim's face, and caused him some serious injuries. This, which is colloquially known as "glassing", is a serious offence and the Court nearly always sends people to prison for it, particularly if alcohol is a feature and particularly where the offence takes place in a public place.
2. We are not going to send you to prison on this occasion. We accept that the victim in this case was responsible for initiating the whole incident and that puts it in a different category to many of those that this Court has to deal with. We also accept that this was not a deliberate case of glassing on your part and, indeed, we have looked at the case which your counsel has produced of AG-v-Holmes and Parry 2001/83 and the Court there said:- "...this was not a conventional glassing; this was in effect a punch where you happened to have a glass in your hand". Well that was an instinctive reaction in that case and we think it was an instinctive reaction in your case. Nonetheless, it was the wrong instinct and you, no doubt, will have learned substantially from the way you reacted on that occasion.
3. Having regard to everything which your counsel has said, we think the Crown's conclusions are correct and you are sentenced to 120 hours' Community Service, which is the equivalent to 6 months' imprisonment.
4. I should warn you that if you do not perform the community service as directed by the community service manager, then you are liable to be brought back before this Court and you can be sentenced afresh for the offence which you have committed.
5. We are not going to impose a Probation Order because it is not recommended as being necessary in the light of your absence of previous convictions, and we are not going to impose any Exclusion Order, again because we are not satisfied that it is necessary to do so. Authorities AG-v-Holmes and Parry 2001/83. Harrison-v-AG [2004] JLR 111 . AG-v-Saville [2007] JRC 110 . AG-v-Saldana [2009] JRC 032 . AG-v-Rodrigues [2007] JRC 185 . Page Last Updated: 16 Sep 2016 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
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