AG -v- Noble [2015] JRC 246 (27 November 2015)

AG -v- Noble [2015] JRC 246 (27 November 2015)

Given the assaults were at the lower end of the scale, the defendant's guilty plea, remorse, and time already served, a sentence of community service with probation and participation in the ADAPT programme was appropriate, with concurrent sentences imposed for practical reasons.

Citation
[2015] JRC 246
Parties
Prosecution: The Crown; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
27 November 2015
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Domestic Violence, Assault, Sentencing, Community Service, Probation
Criminal Law Domestic Violence Assault Sentencing Community Service Probation

Case Brief

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Parties

The Crown

Prosecution

Defendant

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for repeated domestic assault
  2. 2 Application of consecutive versus concurrent sentences
  3. 3 Consideration of mitigation in domestic violence cases

Ratio Decidendi

Given the assaults were at the lower end of the scale, the defendant's guilty plea, remorse, and time already served, a sentence of community service with probation and participation in the ADAPT programme was appropriate, with concurrent sentences imposed for practical reasons.

Court Disposition

convicted and sentenced

Orders

  • 180 hours' community service (concurrent on each count, total 180 hours, equivalent to 12 months' imprisonment)
  • 18 months' probation with mandatory participation in the ADAPT programme