AG -v- Riley [2015] JRC 129 (12 June 2015)
- Citation
- [2015] JRC 129
- 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
Custodial sentence is inevitable due to seriousness of assault, aggravating factors, high risk of reconviction, and failure to respond to non-custodial alternatives.
Court disposition
Defendant sentenced to 12 months imprisonment.
Orders
- Compensation Order for £1,000 payable within 1 month, balance within 12 months of release, default 3 months imprisonment if unpaid.
- Exclusion Order for 2 years from today's date in terms sought by Crown.
02
Material facts
Parties
Unknown Defendant
DefendantCrown
ProsecutionTaxi Driver
VictimAmounts and remedies
- Compensation Order: GBP 1,000
- Custodial Sentence: months 12
- Exclusion Order Duration: months 24
- Default Imprisonment for Non Payment: months 3
03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
seriousness of common assault
- 02
impact of alcohol on offending
- 03
protection of public service workers
- 04
assessment of risk of reconviction
- 05
appropriateness of custodial sentence
- 06
compensation for victim
- 07
exclusion order
Party arguments
- Applicant
- Mitigation and letters written on behalf of the defendant were considered to reduce the Crown's conclusions.
- Respondent
- Crown sought custodial sentence, compensation order, and exclusion order; highlighted aggravating factors including alcohol and risk of reconviction.
05
Court’s reasoning
Legal principles
- 01
Court's reasoning
Alcohol is an aggravating factor, not a mitigating factor in sentencing for assault.
- 02
Court's reasoning
People providing public services are entitled to safety.
06
Ratio, limits and disposition
Ratio decidendi
Custodial sentence is inevitable due to seriousness of assault, aggravating factors, high risk of reconviction, and failure to respond to non-custodial alternatives.
Obiter and limits
- Mitigation and letters reduced the Crown's conclusions.
- Exclusion from 3rd category premises not sought by Crown.
Court disposition
Defendant sentenced to 12 months imprisonment.
- Compensation Order for £1,000 payable within 1 month, balance within 12 months of release, default 3 months imprisonment if unpaid.
- Exclusion Order for 2 years from today's date in terms sought by Crown.
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. This was a nasty, alcohol-fuelled assault committed on a taxi driver whose taxi you had entered. Common assaults are, of their nature, less serious than grave and criminal assaults but in the view of this Court, this assault was towards the more serious end of a common assault. It is clear that alcohol has played a significant role in this offending but, of course, that is not a mitigating factor. It is rather an aggravating factor.
2. It is correct that people who provide a service to the public, such as taxi drivers, are entitled to feel as safe as possible when they enter into their job and provide that service. We have read with particular care the statement of the victim in this case and we note that it was truly a shocking matter for him.
3. You are assessed as being at a high risk of reconviction which is hardly surprising in the light of your record. You have not responded well to non-custodial alternatives in the past.
4. We note the mitigation that is available to you and we have taken that, and the letters written on your behalf, into account which has enabled us to reduce somewhat the conclusions of the Crown.
5. However, we think that a custodial sentence is inevitable in this case and the sentence of the Court is that you will go to prison for 12 months.
6. In terms of the compensation sought, we make a Compensation Order in the amount requested by the Crown. We order that £1,000 of that shall be paid within 1 month and the balance shall be paid within 12 months of your release from prison, with a default sentence of 3 months' imprisonment should you fail to pay.
7. We also make an Exclusion Order for a period of 2 years from today's date in the terms sought by the Crown, noting that the Crown does not seek an exclusion from 3 rd category premises and accordingly that does not arise. Authorities Harrison-v-AG [2004] JLR 111 . Whelan on Aspects of Sentencing in the Superior Courts of Jersey. AG-v-Stearn [2014] JRC 036 . Page Last Updated: 27 Sep 2016 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
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