Cornish v AG [2024] JRC 178 (10 September 2024)

Cornish v AG [2024] JRC 178 (10 September 2024)

The custodial sentences imposed were manifestly excessive given the low level of force, absence of injury, and context of the assault. Aggravating factors did not justify crossing the custody threshold. The telecommunications offence's seriousness was linked to the assault and did not independently warrant custody. The appeal was allowed and sentences replaced with a binding over order.

Citation
[2024] JRC 178
Parties
Appellant: Daniel Charles Cornish; Respondent: Attorney General; Sentencing Magistrate: Relief Magistrate Cadin; Victim: Complainant
Jurisdiction
Jersey
Judgment Date
10 September 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Sentencing, Common Assault, Telecommunications Offences, Notification Requirements, Domestic Abuse, Appeal Procedure
Criminal Law Sentencing Common Assault Telecommunications Offences Notification Requirements Domestic Abuse Appeal Procedure

Case Brief

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Parties

Daniel Charles Cornish

Appellant

Attorney General

Respondent

Relief Magistrate Cadin

Sentencing Magistrate

Complainant

Victim

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the custodial sentences imposed for common assault and telecommunications offence were manifestly excessive
  2. 2 Whether proper credit was given for guilty plea
  3. 3 Whether aggravating and mitigating factors were properly considered

Ratio Decidendi

The custodial sentences imposed were manifestly excessive given the low level of force, absence of injury, and context of the assault. Aggravating factors did not justify crossing the custody threshold. The telecommunications offence's seriousness was linked to the assault and did not independently warrant custody. The appeal was allowed and sentences replaced with a binding over order.

Court Disposition

appeal allowed

Orders

  • Custodial sentences for assault and telecommunications offence set aside
  • Binding over order for twelve months imposed