AG -v- Burke [2008] JRC 143 (21 August 2008)

AG -v- Burke [2008] JRC 143 (21 August 2008)

Absconding from the jurisdiction prior to trial is an aggravating factor in sentencing, and in this case, the defendant did not lead a blameless life while absent. The appropriate sentence is increased by 6 months for this aggravation, resulting in a total sentence of 4 years and 9 months for a grave and criminal assault.

Citation
[2008] JRC 143
Parties
Defendant: Burke; Prosecutor: Crown Advocate
Jurisdiction
Jersey
Judgment Date
21 August 2008
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Aggravated Assault, Absconding Jurisdiction, Sentencing Enhancement
Criminal Law Aggravated Assault Absconding Jurisdiction Sentencing Enhancement

Case Brief

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Parties

Burke

Defendant

Crown Advocate

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether absconding from jurisdiction prior to trial is an aggravating factor in sentencing
  2. 2 Appropriate sentence for grave and criminal assault

Ratio Decidendi

Absconding from the jurisdiction prior to trial is an aggravating factor in sentencing, and in this case, the defendant did not lead a blameless life while absent. The appropriate sentence is increased by 6 months for this aggravation, resulting in a total sentence of 4 years and 9 months for a grave and criminal assault.

Court Disposition

convicted and sentenced

Orders

  • The defendant is sentenced to 4 years and 9 months' imprisonment.