AG -v- McGlone and Others [2010] JRC 081 (23 April 2010)
Custodial sentences are avoided due to the defendants' good character, low risk of re-offending, and remorse. Community service and exclusion orders are imposed to address the culture of binge drinking and violence. Greater culpability is attributed to Schofield due to his age and involvement.
- Citation
- [2010] JRC 081
- Parties
- Defendant: McGlone; Defendant: Schofield; Defendant: O'Donoghue; Defendant: Leatt; Prosecutor: Attorney General
- Jurisdiction
- Jersey
- Judgment Date
- 23 April 2010
- Procedural Posture
- Criminal / Sentencing
- Outcome
- conviction and sentencing
- Legal Topics
- Affray, Sentencing, Youth Offenders, Exclusion Orders, Alcohol Related Violence
Case Brief
Summary, issues, holding and outcome
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Parties
McGlone
Defendant
Schofield
Defendant
O'Donoghue
Defendant
Leatt
Defendant
Attorney General
Prosecutor
Procedural Posture
Criminal / Sentencing
Legal Issues
- 1 Appropriate sentencing for affray involving young offenders
- 2 Imposition of exclusion orders for alcohol-related violence
- 3 Assessment of individual culpability and mitigation
Ratio Decidendi
Custodial sentences are avoided due to the defendants' good character, low risk of re-offending, and remorse. Community service and exclusion orders are imposed to address the culture of binge drinking and violence. Greater culpability is attributed to Schofield due to his age and involvement.
Court Disposition
conviction and sentencing
Orders
- McGlone: 180 hours community service for affray, £200 fine for obstruction charge (4 days to pay or 2 weeks in default)
- Schofield: 240 hours community service for affray
Full Case Text
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