AG v CC [2022] JRC 011 (20 January 2023)

The court found, based on compelling evidence from Staff member 1, that the Defendant did break the glass panel, and therefore the malicious damage offence extends to this act.

Citation: [2022] JRC 011
Parties: Prosecution: Attorney General; Defendant: Defendant
Jurisdiction: Jersey
Judgment Date: 20 January 2023
Procedural Posture: Criminal / Sentencing Ruling Under Article 50 Criminal Procedure (jersey) Law 2018
Outcome: Court finds as fact for sentencing that Defendant broke the glass panel as part of the malicious damage offence.
Legal Topics: Sentencing, Malicious Damage, Disputed Facts at Sentencing

Criminal Law Sentencing Malicious Damage Disputed Facts at Sentencing

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Parties

Attorney General

Prosecution

Defendant

Procedural Posture

Criminal / Sentencing Ruling Under Article 50 Criminal Procedure (jersey) Law 2018

Legal Issues

1 Whether the offence of malicious damage extends to the Defendant breaking a glass panel on 30 March 2022

Ratio Decidendi

The court found, based on compelling evidence from Staff member 1, that the Defendant did break the glass panel, and therefore the malicious damage offence extends to this act.

Court Disposition

Court finds as fact for sentencing that Defendant broke the glass panel as part of the malicious damage offence.