Mallet v AG [2000] JCA 134 (14 July 2000)

Mallet v AG [2000] JCA 134 (14 July 2000)

The sentence for grave and criminal assault should reflect intent to cause serious harm, provocation, and mitigation including guilty plea. The starting point for such offences may be up to eight years, but with discounts and mitigation, a sentence of three years and six months was appropriate. The original sentence...

Source-derived case information.

Citation
[2000] JCA 134
Parties
Applicant: Jason Robert Mallet; Respondent: The Attorney General
Jurisdiction
Jersey
Judgment Date
14 July 2000
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Grave and Criminal Assault, Larceny, Resisting Police, Breaking and Entering
Criminal Law Sentencing Grave and Criminal Assault Larceny Resisting Police Breaking and Entering

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Parties

Jason Robert Mallet

Applicant

The Attorney General

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for grave and criminal assault was manifestly excessive
  2. 2 Appropriate sentencing benchmarks for grave and criminal assault in Jersey
  3. 3 Consideration of intent and provocation in sentencing

Ratio Decidendi

The sentence for grave and criminal assault should reflect intent to cause serious harm, provocation, and mitigation including guilty plea. The starting point for such offences may be up to eight years, but with discounts and mitigation, a sentence of three years and six months was appropriate. The original sentence was manifestly excessive given the circumstances and procedural stress.

Court Disposition

appeal allowed in part

Orders

  • Leave to appeal granted
  • Sentence on second count of second indictment reduced from four years to three years six months