AG v Du Feu [2003] JRC 059 (28 March 2003)

The defendant's provocation and character mitigate the offence, but do not excuse the assault; punishment is necessary and reporting restrictions are lifted regarding the victim's father.

Citation: [2003] JRC 059
Parties: Defendant: Miss Du Feu; Prosecution: Crown Advocate
Jurisdiction: Jersey
Judgment Date: 28 March 2003
Procedural Posture: Criminal / Sentencing
Outcome: convicted
Legal Topics: Assault, Provocation, Reporting Restrictions, Sentencing

Criminal Law Child Protection Assault Provocation Reporting Restrictions Sentencing

Case Brief

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Parties

Miss Du Feu

Defendant

Crown Advocate

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

1 Whether provocation mitigates the defendant's culpability for assault
2 Whether reporting restrictions should be lifted regarding the victim's father

Ratio Decidendi

The defendant's provocation and character mitigate the offence, but do not excuse the assault; punishment is necessary and reporting restrictions are lifted regarding the victim's father.

Court Disposition

convicted

Orders

Defendant to perform 90 hours' Community Service
Alternative sentence of 12 months' imprisonment