AG v Withe [2023] JRC 179 (29 September 2023)

AG v Withe [2023] JRC 179 (29 September 2023)

The defendant's conduct amounted to a relevant offence of domestic abuse involving controlling, coercive, and violent behaviour. However, due to his age and statutory protection as a young offender, a custodial sentence was not imposed. Instead, a community-based sentence with probation and a restraining order was appropriate given the seriousness of the offences and the risk of reoffending.

Citation
[2023] JRC 179
Parties
Defendant: Bradley Withe; Prosecutor: Attorney General (Crown); Victim: Unnamed former girlfriend
Jurisdiction
Jersey
Judgment Date
29 September 2023
Procedural Posture
Criminal / Sentencing Judgment
Outcome
convicted; sentenced to community service, probation, restraining order, and costs order
Legal Topics
Domestic Abuse, Common Assault, Sentencing of Young Offenders, Restraining Orders, Community Service, Probation
Criminal Law Domestic Abuse Common Assault Sentencing of Young Offenders Restraining Orders Community Service Probation

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Parties

Bradley Withe

Defendant

Attorney General (Crown)

Prosecutor

Unnamed former girlfriend

Victim

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Whether the defendant's conduct constituted domestic abuse under Jersey law
  2. 2 Appropriate sentence for a young offender convicted of common assault and a separate assault
  3. 3 Whether to impose a restraining order and/or domestic abuse protection order

Ratio Decidendi

The defendant's conduct amounted to a relevant offence of domestic abuse involving controlling, coercive, and violent behaviour. However, due to his age and statutory protection as a young offender, a custodial sentence was not imposed. Instead, a community-based sentence with probation and a restraining order was appropriate given the seriousness of the offences and the risk of reoffending.

Court Disposition

convicted; sentenced to community service, probation, restraining order, and costs order

Orders

  • 180 hours' community service for first assault (domestic)
  • 20 hours' community service consecutive for second assault (stranger)