AG -v- McGlone and Others [2010] JRC 081 (23 April 2010)

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

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Parties

McGlone

Defendant

Schofield

Defendant

O'Donoghue

Defendant

Leatt

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing

  1. 1 Appropriate sentencing for affray involving young offenders
  2. 2 Imposition of exclusion orders for alcohol-related violence
  3. 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