AG -v- De Freitas and Hepburn [2015] JRC 191A (18 September 2015)

AG -v- De Freitas and Hepburn [2015] JRC 191A (18 September 2015)

Custodial sentences are imposed for affray due to public fear and lack of exceptional mitigation, with the offence assessed at the lower end of the scale per AG-v-Burrell and Others criteria.

Citation
[2015] JRC 191A
Parties
Defendant: Hepburn; Defendant: De Freitas; Other: Jared Allenet
Jurisdiction
Jersey
Judgment Date
18 September 2015
Procedural Posture
Criminal / Sentencing
Outcome
custodial sentences imposed
Legal Topics
Affray, Sentencing, Mitigation, Public Order Offences
Criminal Law Affray Sentencing Mitigation Public Order Offences

Case Brief

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Parties

Hepburn

Defendant

De Freitas

Defendant

Jared Allenet

Other

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for affray given the circumstances and mitigation?
  2. 2 Should lesser offences be treated concurrently or consecutively?
  3. 3 Is there exceptional mitigation to avoid custodial sentence?

Ratio Decidendi

Custodial sentences are imposed for affray due to public fear and lack of exceptional mitigation, with the offence assessed at the lower end of the scale per AG-v-Burrell and Others criteria.

Court Disposition

custodial sentences imposed

Orders

  • Hepburn sentenced to 1 year and 2 weeks imprisonment (1 year for affray, 2 months concurrent for telecommunications, 2 weeks consecutive for larceny)
  • De Freitas sentenced to 1 year imprisonment for affray