AG -v- Lockhart [2011] JRC 025 (28 January 2011)

AG -v- Lockhart [2011] JRC 025 (28 January 2011)

Despite mitigating factors, the seriousness of wielding a machete in a grave and criminal assault necessitates a custodial sentence; no sufficiently unusual circumstances exist to justify a non-custodial sentence.

Citation
[2011] JRC 025
Parties
Defendant: [Defendant Name Not Provided]; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
28 January 2011
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Grave and Criminal Assault, Malicious Damage, Knife Crime, Sentencing
Criminal Law Grave and Criminal Assault Malicious Damage Knife Crime Sentencing

Case Brief

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Parties

[Defendant Name Not Provided]

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for grave and criminal assault with a machete
  2. 2 Consideration of mitigating factors such as good character and remorse
  3. 3 Application of custodial sentences for knife crime

Ratio Decidendi

Despite mitigating factors, the seriousness of wielding a machete in a grave and criminal assault necessitates a custodial sentence; no sufficiently unusual circumstances exist to justify a non-custodial sentence.

Court Disposition

convicted and sentenced

Orders

  • 18 months' imprisonment on Counts 1 and 2, to run concurrently
  • 2 weeks' imprisonment on Count 3, concurrent