AG -v- Carpenter and Hughes [2016] JRC 160 (09 September 2016)

AG -v- Carpenter and Hughes [2016] JRC 160 (09 September 2016)

Custody threshold not met; sentencing based on mitigating factors and facts as understood by the court; fines and binding over orders imposed instead of custodial sentences.

Citation
[2016] JRC 160
Parties
Defendant: Carpenter; Defendant: Hughes; Prosecution: Crown; Other Participant: Crabtree
Jurisdiction
Jersey
Judgment Date
09 September 2016
Procedural Posture
Criminal / Sentencing
Outcome
Carpenter fined £700; Hughes bound over for 12 months.
Legal Topics
Common Assault, Sentencing, Mitigation
Criminal Law Common Assault Sentencing Mitigation

Case Brief

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Parties

Carpenter

Defendant

Hughes

Defendant

Crown

Prosecution

Crabtree

Other Participant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 sentencing for common assault
  2. 2 assessment of culpability
  3. 3 mitigating factors

Ratio Decidendi

Custody threshold not met; sentencing based on mitigating factors and facts as understood by the court; fines and binding over orders imposed instead of custodial sentences.

Court Disposition

Carpenter fined £700; Hughes bound over for 12 months.

Orders

  • Carpenter fined £700 with 7 weeks to pay.
  • 7 weeks imprisonment default for non-payment of fine.