AG -v- Porter [2013] JRC 092A (15 May 2013)

The defendant's assault, though serious, was provoked and not a deliberate glassing; thus, a sentence of community service is appropriate instead of imprisonment.

Citation: [2013] JRC 092A
Parties: Prosecution: Crown
Jurisdiction: Jersey
Judgment Date: 15 May 2013
Procedural Posture: Criminal / Sentencing
Outcome: convicted and sentenced
Legal Topics: Assault, Sentencing, Community Service, Provocation

Criminal Law Assault Sentencing Community Service Provocation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 5 Party arguments 2 Amounts and remedies 2

Parties

Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

1 Whether the defendant should be sentenced to imprisonment or community service for grave and criminal assault involving glassing
2 Whether provocation and lack of intent to glass are mitigating factors

Ratio Decidendi

The defendant's assault, though serious, was provoked and not a deliberate glassing; thus, a sentence of community service is appropriate instead of imprisonment.

Court Disposition

convicted and sentenced

Orders

120 hours' Community Service imposed
No Probation Order imposed