Jersey Judgment

AG v Yeaman [2001] JRC 82 (06 April 2001)

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Source document

01

Holding and result

For public order offences committed under the influence of alcohol, a fine is generally more appropriate than a binding over order, and the amount should reflect the seriousness of the offence and the defendant's means.

Court disposition

convicted and fined

Orders

  • Yeaman is fined £50 or 1 week's imprisonment in default of payment.

02

Material facts

Parties

Yeaman

Defendant

Crown

Prosecution

Amounts and remedies

  • Fine Amount: GBP 50

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

Party arguments

Applicant
No explicit argument from the defendant is recorded; the defendant admitted the offence immediately.
Respondent
The Crown moved for a fine, but the court considered the amount too low.

05

Court’s reasoning

  1. 01

    Court's general principle as stated in judgment

    Binding over orders are not usually appropriate for public order offences committed under the influence of alcohol; a financial penalty is generally more suitable.

06

Ratio, limits and disposition

Ratio decidendi

For public order offences committed under the influence of alcohol, a fine is generally more appropriate than a binding over order, and the amount should reflect the seriousness of the offence and the defendant's means.

Obiter and limits

  • A binding over order is too lenient for public order offences committed after drinking.
  • Fines for such offences should generally be higher than £50, subject to the defendant's means.

Court disposition

convicted and fined

  • Yeaman is fined £50 or 1 week's imprisonment in default of payment.

Source and reliance status

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Judgment reading view

Judgment text

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Source document

Court record

Judgment

[2001] JRC 82

JUDGMENT THE DEPUTY BAILIFF: 1. This was a not uncommon incident in the streets of St. Helier where people fuelled with alcohol get involved in an argument which then turns into jostling with punches being thrown.

2. The defendant's friend received a binding over order from the Magistrate's Court. Clearly we do not know the full circumstances of the mitigation available but we wish to comment as a matter of general principle that, where people can afford to go drinking in public houses, get into disputes of this nature and commit public order offences, a binding over order is, in our judgment, not usually an appropriate way of dealing with the matter. It should be dealt with by way of a fine if it is of that level of seriousness where neither probation, a custodial sentence, nor community service is required. It is the Court's opinion that any person who commits a public order offence through drinking should usually be made to suffer by paying a financial penalty; a binding over order is too lenient.

3. Furthermore, we would add that, in general terms, the fine moved for by the Crown is, in our judgment, too low. Again, having regard to a defendant's means, we think that a fine of a greater level than £50 is called for in respect of these sort of offences. However, we bear in mind in this particular case that the defendant's friend did receive only a binding over order; that this case has been hanging over the accused for some time; and that he admitted the offence immediately. We do not feel able simply to impose a binding over order for the reason we have already mentioned, but we will adopt the conclusions of the Crown. Therefore, Yeaman, you are fined the sum of £50 or 1 week's imprisonment in default of payment and we must emphasise once again that had it not been for the fact that your friend was dealt with too leniently in the Magistrate's Court, the fine would have been higher. No Authorities. Page Last Updated: 02 Nov 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII

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