AG v Rawlinson [2019] JRC 121 (28 June 2019)

AG v Rawlinson [2019] JRC 121 (28 June 2019)

Given the defendant's repeated offending, failure of non-custodial sentences, and the seriousness of the assault, a custodial sentence of 12 months is appropriate. A restraining order is justified but limited to 5 years rather than an indeterminate period.

Citation
[2019] JRC 121
Parties
Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
28 June 2019
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Common Assault, Domestic Violence, Sentencing, Restraining Order
Criminal Law Common Assault Domestic Violence Sentencing Restraining Order

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Parties

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for common assault in domestic context
  2. 2 Whether to impose a restraining order and its duration

Ratio Decidendi

Given the defendant's repeated offending, failure of non-custodial sentences, and the seriousness of the assault, a custodial sentence of 12 months is appropriate. A restraining order is justified but limited to 5 years rather than an indeterminate period.

Court Disposition

convicted and sentenced

Orders

  • 12 months' imprisonment
  • restraining order for 5 years