AG -v- Bunting and Zonta [2009] JRC 205 (23 October 2009)

AG -v- Bunting and Zonta [2009] JRC 205 (23 October 2009)

Non-custodial sentences are appropriate where there is no evidence of deliberate assault and mitigating factors exist, but grave and criminal assault warrants significant community service and probation.

Citation
[2009] JRC 205
Parties
Defendant: Bunting; Defendant: Zonta
Jurisdiction
Jersey
Judgment Date
23 October 2009
Procedural Posture
Criminal / Sentencing
Outcome
Bunting sentenced to community service and probation; Zonta fined and excluded from licensed premises.
Legal Topics
Assault, Sentencing, Public Order, Alcohol Related Offences
Criminal Law Assault Sentencing Public Order Alcohol Related Offences

Case Brief

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Parties

Bunting

Defendant

Zonta

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentencing for grave and criminal assault
  2. 2 impact of intoxication on culpability
  3. 3 responsibility for provocation and escalation

Ratio Decidendi

Non-custodial sentences are appropriate where there is no evidence of deliberate assault and mitigating factors exist, but grave and criminal assault warrants significant community service and probation.

Court Disposition

Bunting sentenced to community service and probation; Zonta fined and excluded from licensed premises.

Orders

  • Bunting to perform 180 hours' Community Service.
  • Alternative for Bunting: 12 months' imprisonment if community service not completed.