AG -v- Myles [2008] JRC 017 (07 February 2008)

AG -v- Myles [2008] JRC 017 (07 February 2008)

Exceptional circumstances including rehabilitation prospects, abstinence, employment, and strong recommendations from Probation and Alcohol and Drugs Service justify a non-custodial sentence for grave and criminal assault, despite seriousness of offence.

Citation
[2008] JRC 017
Parties
Defendant: [Defendant Name Unspecified]; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
07 February 2008
Procedural Posture
Criminal / Sentencing
Outcome
non-custodial sentence imposed
Legal Topics
Assault, Sentencing, Probation, Community Service, Alcohol Related Offences
Criminal Law Assault Sentencing Probation Community Service Alcohol Related Offences

Case Brief

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Parties

[Defendant Name Unspecified]

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for grave and criminal assault
  2. 2 Consideration of non-custodial sentence versus imprisonment

Ratio Decidendi

Exceptional circumstances including rehabilitation prospects, abstinence, employment, and strong recommendations from Probation and Alcohol and Drugs Service justify a non-custodial sentence for grave and criminal assault, despite seriousness of offence.

Court Disposition

non-custodial sentence imposed

Orders

  • 18 months probation
  • 12 months treatment order with Alcohol and Drugs Service