AG v Higham [2000] JRC 48 (17 March 2000)

AG v Higham [2000] JRC 48 (17 March 2000)

The seriousness of breaking into a doctor's surgery and brandishing a knife in a hospital, combined with the defendant's background, necessitated a custodial sentence rather than probation.

Citation
[2000] JRC 48
Parties
Defendant: Higham; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
17 March 2000
Procedural Posture
Criminal / Sentencing
Outcome
conviction and custodial sentence
Legal Topics
Burglary, Possession of Offensive Weapon, Malicious Damage, Sentencing

Case Brief

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Parties

Higham

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Sentencing

  1. 1 Appropriate sentence for burglary and possession of offensive weapon in hospital setting
  2. 2 Consideration of probation versus custodial sentence

Ratio Decidendi

The seriousness of breaking into a doctor's surgery and brandishing a knife in a hospital, combined with the defendant's background, necessitated a custodial sentence rather than probation.

Court Disposition

conviction and custodial sentence

Orders

  • 15 months' imprisonment for burglary and malicious damage (concurrent)
  • 6 months' imprisonment for possession of offensive weapon and 1 month for related count (concurrent, consecutive to first indictment)