McManus v AG [2001] JRC 118 (23 May 2001)

McManus v AG [2001] JRC 118 (23 May 2001)

The absence of real hostility and the appellant's intent to reconcile, rather than provoke violence, were not given sufficient weight by the lower court; however, the severity of the victim's injuries necessitates a custodial sentence. The sentence is reduced to 6 months' imprisonment.

Citation
[2001] JRC 118
Parties
Appellant: Lawrence Carney McManus; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
23 May 2001
Procedural Posture
Criminal Appeal / Sentence Appeal
Outcome
appeal allowed in part
Legal Topics
Common Assault, Sentencing, Appeal Against Sentence
Criminal Law Common Assault Sentencing Appeal Against Sentence

Case Brief

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Parties

Lawrence Carney McManus

Appellant

Attorney General

Respondent

Procedural Posture

Criminal Appeal / Sentence Appeal

Legal Issues

  1. 1 Whether the sentence of 9 months' imprisonment for common assault was wrong in principle or manifestly excessive

Ratio Decidendi

The absence of real hostility and the appellant's intent to reconcile, rather than provoke violence, were not given sufficient weight by the lower court; however, the severity of the victim's injuries necessitates a custodial sentence. The sentence is reduced to 6 months' imprisonment.

Court Disposition

appeal allowed in part

Orders

  • Sentence of 9 months' imprisonment set aside
  • Substituted with sentence of 6 months' imprisonment