AG -v- Richomme [2016] JRC 128A (21 July 2016)
- Citation
- [2016] JRC 128A
- 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 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
ProsecutionAmounts and remedies
- Imprisonment Term: 14
03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
Appropriate sentence for affray involving knives
- 02
Consideration of mitigation and prior record
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
Legal principles
- 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
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 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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