AG -v- De Oliveira [2012] JRC 156 (24 August 2012)

AG -v- De Oliveira [2012] JRC 156 (24 August 2012)

Given the defendant's guilty plea, lack of drink-fuelled violence, time spent in custody, and efforts at rehabilitation, a sentence of probation with a compensation order is appropriate for this common assault against a vulnerable victim.

Citation
[2012] JRC 156
Parties
Prosecutor: Attorney General; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
24 August 2012
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Common Assault, Sentencing, Compensation Order, Probation
Criminal Law Common Assault Sentencing Compensation Order Probation

Case Brief

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Parties

Attorney General

Prosecutor

Defendant

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for common assault against a vulnerable victim
  2. 2 assessment of compensation for personal injury

Ratio Decidendi

Given the defendant's guilty plea, lack of drink-fuelled violence, time spent in custody, and efforts at rehabilitation, a sentence of probation with a compensation order is appropriate for this common assault against a vulnerable victim.

Court Disposition

convicted and sentenced

Orders

  • 9 months probation with standard and specific conditions
  • compensation order of £400 to be paid at £10 per week, first payment within 4 weeks, 3 months' imprisonment in default