AG -v- Howard [2016] JRC 027 (29 January 2016)

AG -v- Howard [2016] JRC 027 (29 January 2016)

A custodial sentence is required for assaults on public officers committed in breach of a probation order, especially after a clear warning and opportunity was previously given by the Court. The totality principle justifies a slight reduction in sentence length.

Citation
[2016] JRC 027
Parties
Prosecution: The Crown; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
29 January 2016
Procedural Posture
Criminal / Sentencing
Outcome
conviction and custodial sentence
Legal Topics
Assault, Breach of Probation Order, Sentencing, Public Officer Protection
Criminal Law Assault Breach of Probation Order Sentencing Public Officer Protection

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Parties

The Crown

Prosecution

Defendant

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for assaults on public officers
  2. 2 Effect of breach of probation order on sentencing

Ratio Decidendi

A custodial sentence is required for assaults on public officers committed in breach of a probation order, especially after a clear warning and opportunity was previously given by the Court. The totality principle justifies a slight reduction in sentence length.

Court Disposition

conviction and custodial sentence

Orders

  • Probation Order discharged
  • 4 months' imprisonment for Count 1