Jersey Judgment

AG -v- Richomme [2016] JRC 128A (21 July 2016)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The deliberate use of knives in an affray, combined with a poor record and failure to benefit from probation, necessitates a custodial sentence, though strong personal mitigation can reduce the term imposed.

Court disposition

convicted and sentenced

Orders

  • 14 months' imprisonment imposed

02

Material facts

Parties

Crown

Prosecution

Amounts and remedies

  • Imprisonment Term: 14

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

Party arguments

Applicant
Expression of remorse through counsel, personal challenges, and mitigation as set out in the social enquiry report.
Respondent
Nature of the offence, use of knives, prior record, and failure to take advantage of probation opportunities.

05

Court’s reasoning

  1. 01

    AG-v-Burrell [2003] JLR N 53; AG-v-Burrell [2003] JRC 209; AG-v-Heard [2012] JRC 132

    Custodial sentences are generally appropriate for affray involving weapons, especially where there is an enhanced risk and danger.

06

Ratio, limits and disposition

Ratio decidendi

The deliberate use of knives in an affray, combined with a poor record and failure to benefit from probation, necessitates a custodial sentence, though strong personal mitigation can reduce the term imposed.

Obiter and limits

  • The defendant's expression of remorse is accepted as genuine.
  • The defendant has faced many personal challenges.

Court disposition

convicted and sentenced

  • 14 months' imprisonment imposed

Source and reliance status

Official court record

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Judgment reading view

Judgment text

The complete available source text.

Source document

Court record

Judgment

[2016] JRC 128A

JUDGMENT THE DEPUTY BAILIFF: 1. You are sentenced today for one count of making an affray. After an altercation you went to a friend's house, you collected two kitchen knives and you went back to where that altercation had taken place and you began banging on the front door. You were holding the knives with the points facing upwards when one person came to the front door. You were clearly intoxicated. A number of people saw your actions and they were fearful that you might use the knives and, indeed, the individual at the front door himself says that he thought he was going to be stabbed. When arrested you were far from straightforward with the police and when interviewed you told them a story that portrayed you as the victim of an assault.

2. Your record is a poor one and whilst this was a small scale affray in as much that it did not involve many people, it was witnessed by several people. Whilst the violence was low the fact that you deliberately brought the knives with you greatly enhanced the risk inherent in the situation and the level of danger.

3. You have pleaded guilty and for that you are entitled to credit and we note, in particular, all of the matters set out in the social enquiry report. You have faced many challenges and we keep that well in mind and we accept that your expression of remorse through counsel is a genuine one. But the fact is that you have not taken advantage of the opportunities afforded to you in the past by way of probation because you are back before us today and, in our view, an offence of this nature with these characteristics must inevitably attract a custodial sentence. However we think that you have very strong mitigation of a personal nature available to you and we make full allowance for that mitigation and in particular the matters contained within the social enquiry report. This enables us to reduce the conclusions moved for by the Crown.

4. You are sentenced to 14 months' imprisonment. Authorities AG-v-Burrell and Others [2003] JLR N 53. AG-v-Burrell [2003] JRC 209 . AG-v-Heard [2012] JRC 132 . Page Last Updated: 16 Aug 2016 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

AG-v-Burrell [2003] JLR N 53

Case cited

AG-v-Burrell [2003] JRC 209

Case cited

AG-v-Heard [2012] JRC 132

Case cited

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