Jersey Judgment

AG v Ross [2001] JRC 165 (27 July 2001)

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Professional case brief

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Source document

01

Holding and result

The accused's peripheral involvement, good character, and first offender status justified a non-custodial penalty despite the general rule that street violence warrants custodial sentences.

Court disposition

non-custodial penalty imposed

Orders

  • 240 hours of community service
  • exclusion order for six months from pubs and nightclubs

02

Material facts

Parties

Ross

Accused

Crown Advocate

Prosecution Counsel: Crown Advocate

Amounts and remedies

  • Community Service Hours: 240
  • Exclusion Order Duration (months): 6
  • Hypothetical Custodial Sentence (months): 18

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

Party arguments

Applicant
Ross was a first offender, had excellent references, and his conduct was out of character. He was not responsible for the serious injuries caused by co-accused who absconded.
Respondent
Street violence is unacceptable and generally warrants custodial sentences.

05

Court’s reasoning

  1. 01

    Court's reasoning

    Street violence should generally be punished with custodial sentences.

  2. 02

    Court's reasoning

    Peripheral involvement and good character may justify a non-custodial penalty.

06

Ratio, limits and disposition

Ratio decidendi

The accused's peripheral involvement, good character, and first offender status justified a non-custodial penalty despite the general rule that street violence warrants custodial sentences.

Obiter and limits

  • The accused came very close to receiving a custodial sentence.
  • The penalty imposed reflects the Court's satisfaction that the conduct was out of character.

Court disposition

non-custodial penalty imposed

  • 240 hours of community service
  • exclusion order for six months from pubs and nightclubs

Source and reliance status

Official court record

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Judgment text

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Source document

Court record

Judgment

[2001] JRC 165

JUDGMENT THE BAILIFF: 1. We agree with the Crown Advocate that street violence is quite unacceptable and generally should be punished with custodial sentences. In this case, however, the accused, we are satisfied, was on the periphery of the attack and was not responsible for the serious injuries suffered by the victim at the hands of the two co-accused who have absconded.

2. We have taken account of the excellent references supplied for the accused and the fact that he is a first offender.

3. Ross, you were 'steaming' drunk on that occasion and you behaved disgracefully in joining in the mêlée and kicking Mr. Roberts while he was on the ground. It is only because we are satisfied that this is out of character, so far as you are concerned, that we are going to impose a non-custodial penalty. We hope that you will appreciate how close you have come to a custodial sentence and that you will not ever again become involved in this kind of affair. Had we been going to impose a custodial sentence, we would have imposed one of 18 months' imprisonment. However, the Court orders you to perform 240 hours of community service. We also make an exclusion order for a period of six months, from today, excluding you from 1 st and 7 th category licensed premises, that is from pubs and nightclubs. Authorities Mallet -v-AG (14 th July 2000) Jersey Unreported; [2000/134] Page Last Updated: 11 Apr 2017 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII

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Authorities

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Mallet v AG (14 July 2000) Jersey Unreported; [2000/134]

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