1999/92 - AG v Vaughan and Lavery [1999] UR 92 (28 May 1999)

1999/92 - AG v Vaughan and Lavery [1999] UR 92 (28 May 1999)

Lavery was granted probation and community service due to the assault being out of character and a demonstrated intention to reform. Vaughan was sentenced to imprisonment as the court was not satisfied of his willingness to reform, despite some mitigating factors.

Citation
[1999] UR 92
Parties
Defendant: Lavery; Defendant: Vaughan; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
28 May 1999
Procedural Posture
Criminal / Sentencing
Outcome
partly probation, partly imprisonment
Legal Topics
Assault, Drug Offences, Sentencing, Probation, Community Service
Criminal Law Assault Drug Offences Sentencing Probation Community Service

Case Brief

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Parties

Lavery

Defendant

Vaughan

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentencing for assault and drug offences
  2. 2 consideration of probation versus imprisonment

Ratio Decidendi

Lavery was granted probation and community service due to the assault being out of character and a demonstrated intention to reform. Vaughan was sentenced to imprisonment as the court was not satisfied of his willingness to reform, despite some mitigating factors.

Court Disposition

partly probation, partly imprisonment

Orders

  • Lavery placed on probation for 18 months with 180 hours community service, to comply with Probation Officer and attend SMART course if required.
  • Vaughan sentenced to 18 months imprisonment (3 months on count 1, 15 months on counts 2-12, 3 months on count 13, 1 week each on counts 14 and 15; all concurrent except count 13 consecutive).