AG v Nicolle [2018] JRC 139 (27 July 2018)

AG v Nicolle [2018] JRC 139 (27 July 2018)

Custodial sentence is necessary due to the seriousness of domestic assaults, defendant's prior record, and high risk of harm; mitigation reduces the sentence below that sought by the Crown.

Citation
[2018] JRC 139
Parties
Prosecution: The Crown; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
27 July 2018
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Assault, Domestic Violence, Sentencing, Mitigation
Criminal Law Assault Domestic Violence Sentencing Mitigation

Case Brief

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Parties

The Crown

Prosecution

Defendant

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for grave and criminal assault
  2. 2 mitigation factors in sentencing
  3. 3 imposition of restraining and exclusion orders

Ratio Decidendi

Custodial sentence is necessary due to the seriousness of domestic assaults, defendant's prior record, and high risk of harm; mitigation reduces the sentence below that sought by the Crown.

Court Disposition

convicted and sentenced

Orders

  • 1 year 10 months' imprisonment for grave and criminal assault
  • 12 months' imprisonment for common assault, concurrent