AG v de Freitas [2001] JRC 86B (20 April 2001)

AG v de Freitas [2001] JRC 86B (20 April 2001)

Given the unprovoked nature of the assault, the defendant's prior convictions, and absence of a guilty plea, a custodial sentence is necessary despite mitigating factors.

Citation
[2001] JRC 86B
Parties
Defendant: de Freitas; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
20 April 2001
Procedural Posture
Criminal / Sentencing After Conviction
Outcome
convicted and sentenced
Legal Topics
Assault, Sentencing, Compensation Order
Criminal Law Assault Sentencing Compensation Order

Case Brief

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Parties

de Freitas

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Sentencing After Conviction

Legal Issues

  1. 1 appropriate sentence for unprovoked assault
  2. 2 consideration of mitigation and delay
  3. 3 imposition of compensation order

Ratio Decidendi

Given the unprovoked nature of the assault, the defendant's prior convictions, and absence of a guilty plea, a custodial sentence is necessary despite mitigating factors.

Court Disposition

convicted and sentenced

Orders

  • 9 months' imprisonment
  • Compensation Order of £750 with 2 months' imprisonment in default, consecutive