AG -v- Brown [2017] JRC 200 (29 November 2017)

AG -v- Brown [2017] JRC 200 (29 November 2017)

A discretionary life sentence is justified for manslaughter with diminished responsibility where the offence is very serious and the defendant poses a serious risk to the public; minimum term is set at 6 years due to low culpability arising from brain injury and diminished responsibility, with consideration of voluntary intoxication as a partial aggravating factor.

Citation
[2017] JRC 200
Parties
Prosecution: The Crown; Defendant: Defendant; Victim: Victim
Jurisdiction
Jersey
Judgment Date
29 November 2017
Procedural Posture
Criminal / Sentencing Judgment
Outcome
discretionary life sentence imposed for manslaughter with diminished responsibility
Legal Topics
Manslaughter, Diminished Responsibility, Sentencing, Discretionary Life Sentence, Culpability, Risk Assessment
Criminal Law Manslaughter Diminished Responsibility Sentencing Discretionary Life Sentence Culpability Risk Assessment

Case Brief

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Parties

The Crown

Prosecution

Defendant

Defendant

Victim

Victim

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Whether discretionary life sentence is justified for manslaughter with diminished responsibility
  2. 2 Assessment of defendant's culpability and risk to public
  3. 3 Determination of minimum term of imprisonment

Ratio Decidendi

A discretionary life sentence is justified for manslaughter with diminished responsibility where the offence is very serious and the defendant poses a serious risk to the public; minimum term is set at 6 years due to low culpability arising from brain injury and diminished responsibility, with consideration of voluntary intoxication as a partial aggravating factor.

Court Disposition

discretionary life sentence imposed for manslaughter with diminished responsibility

Orders

  • Defendant sentenced to life imprisonment
  • Defendant to serve minimum term of 6 years from date of sentence