AG v Bevis [2001] JRC 188 (31 August 2001)

AG v Bevis [2001] JRC 188 (31 August 2001)

A prisoner who commits an assault in prison should normally receive a consecutive sentence to ensure effective punishment and deterrence, notwithstanding mitigating factors such as provocation and rehabilitation efforts.

Citation
[2001] JRC 188
Parties
Defendant: Bevis; Prosecution: The Crown
Jurisdiction
Jersey
Judgment Date
31 August 2001
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Assault, Prison Discipline, Sentencing
Criminal Law Assault Prison Discipline Sentencing

Case Brief

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Parties

Bevis

Defendant

The Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for assault committed by a prisoner in custody
  2. 2 Whether sentence should be concurrent or consecutive

Ratio Decidendi

A prisoner who commits an assault in prison should normally receive a consecutive sentence to ensure effective punishment and deterrence, notwithstanding mitigating factors such as provocation and rehabilitation efforts.

Court Disposition

convicted and sentenced

Orders

  • 3 months' imprisonment, consecutive to the sentence already being served