AG v Owens [2000] JRC 1 (06 January 2000)

AG v Owens [2000] JRC 1 (06 January 2000)

Given the seriousness of the assault, the accused's prior convictions for violence, and aggravating factors such as intoxication, a custodial sentence of two years is appropriate despite mitigation. Fines for malicious damage are imposed with default imprisonment to run concurrently.

Citation
[2000] JRC 1
Parties
Prosecutor: Attorney General; Accused: Kevin Patrick Owens
Jurisdiction
Jersey
Judgment Date
06 January 2000
Procedural Posture
Criminal / Sentencing After Guilty Plea
Outcome
convicted and sentenced
Legal Topics
Grave and Criminal Assault, Malicious Damage, Sentencing, Mitigation, Previous Convictions
Criminal Law Grave and Criminal Assault Malicious Damage Sentencing Mitigation Previous Convictions

Case Brief

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Parties

Attorney General

Prosecutor

Kevin Patrick Owens

Accused

Procedural Posture

Criminal / Sentencing After Guilty Plea

Legal Issues

  1. 1 Appropriate sentence for grave and criminal assault given aggravating and mitigating factors
  2. 2 Appropriate sentence for malicious damage
  3. 3 Effect of previous convictions on sentencing

Ratio Decidendi

Given the seriousness of the assault, the accused's prior convictions for violence, and aggravating factors such as intoxication, a custodial sentence of two years is appropriate despite mitigation. Fines for malicious damage are imposed with default imprisonment to run concurrently.

Court Disposition

convicted and sentenced

Orders

  • 2 years' imprisonment for grave and criminal assault
  • £500 fine or 5 weeks' imprisonment in default for each count of malicious damage (total £1000 or 10 weeks)