AG v Smith [2023] JRC 105 (23 June 2023)

AG v Smith [2023] JRC 105 (23 June 2023)

Given the aggravating features of domestic violence, intoxication, the victim's vulnerability in her own home, and the likely impact on her children, the custody threshold is passed and a sentence of 12 months' imprisonment is appropriate.

Citation
[2023] JRC 105
Parties
Defendant: Johann Michael Smith; Complainant: Victim
Jurisdiction
Jersey
Judgment Date
23 June 2023
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Domestic Violence, Assault, Sentencing, Aggravating Factors
Criminal Law Domestic Violence Assault Sentencing Aggravating Factors

Case Brief

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Parties

Johann Michael Smith

Defendant

Victim

Complainant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for domestic assault involving strangulation
  2. 2 Consideration of aggravating and mitigating factors in domestic violence cases

Ratio Decidendi

Given the aggravating features of domestic violence, intoxication, the victim's vulnerability in her own home, and the likely impact on her children, the custody threshold is passed and a sentence of 12 months' imprisonment is appropriate.

Court Disposition

convicted and sentenced

Orders

  • 12 months' imprisonment