AG v Maguire (Royal Court : Sentencing (Criminal)) [2025] JRC 043 (14 February 2025)

The defendant committed a serious assault involving non-fatal strangulation, aggravated by vulnerability and breach of trust, warranting immediate custodial sentence and restraining order.

Citation: [2025] JRC 043
Parties: Defendant: Gerard Maguire; Prosecution: Crown; Complainant: Victim
Jurisdiction: Jersey
Judgment Date: 14 February 2025
Procedural Posture: Criminal / Sentencing
Outcome: convicted
Legal Topics: Common Assault, Non Fatal Strangulation, Domestic Abuse, Sentencing, Restraining Order

Criminal Law Common Assault Non Fatal Strangulation Domestic Abuse Sentencing Restraining Order

Case Brief

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Parties

Gerard Maguire

Defendant

Crown

Prosecution

Victim

Complainant

Procedural Posture

Criminal / Sentencing

Legal Issues

1 Whether the defendant committed common assault involving non-fatal strangulation
2 Appropriateness of custodial sentence
3 Granting of restraining order

Ratio Decidendi

The defendant committed a serious assault involving non-fatal strangulation, aggravated by vulnerability and breach of trust, warranting immediate custodial sentence and restraining order.

Court Disposition

convicted

Orders

15 months' imprisonment
indefinite restraining order prohibiting contact with victim and exclusion from victim's home and work addresses