AG v Botting and Kelly [2000] JRC 231 (22 November 2000)

AG v Botting and Kelly [2000] JRC 231 (22 November 2000)

The gravity of the assault on a police officer in the course of duty requires a custodial sentence despite mitigation for youth and guilty plea; non-custodial sentence is not justified for such serious offences.

Citation
[2000] JRC 231
Parties
Defendant: Kelly; Defendant: Stopher; Victim: Police Constable Ford
Jurisdiction
Jersey
Judgment Date
22 November 2000
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentencing
Legal Topics
Assault on Police Officer, Sentencing, Probation, Deportation Recommendation
Criminal Law Assault on Police Officer Sentencing Probation Deportation Recommendation

Case Brief

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Parties

Kelly

Defendant

Stopher

Defendant

Police Constable Ford

Victim

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for grave and criminal assault on a police officer
  2. 2 Consideration of mitigation in sentencing young offenders
  3. 3 Appropriateness of custodial versus non-custodial sentence

Ratio Decidendi

The gravity of the assault on a police officer in the course of duty requires a custodial sentence despite mitigation for youth and guilty plea; non-custodial sentence is not justified for such serious offences.

Court Disposition

conviction and sentencing

Orders

  • Kelly sentenced to 18 months' imprisonment on count 1, 7 years' imprisonment on count 3, 6 months' imprisonment on count 4, £100 fine or 1 month's imprisonment concurrent on count 5, 1 month's imprisonment on count 6
  • Kelly disqualified from holding a driving licence for 12 months