AG -v- Barton and Ors [2010] JRC 201 (05 November 2010)
Violent, alcohol-fuelled conduct on public streets warrants substantial custodial sentences; mitigating factors may justify suspension for progress shown.
- Citation
- [2010] JRC 201
- Parties
- Defendant: Mr Barton; Defendant: Mr Kelly; Defendant: Mr McGahey; Prosecutor: The Crown
- Jurisdiction
- Jersey
- Judgment Date
- 05 November 2010
- Procedural Posture
- Criminal / Sentencing
- Outcome
- convicted and sentenced
- Legal Topics
- Affray, Violent Offences, Sentencing, Public Order
Case Brief
Summary, issues, holding and outcome
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Parties
Mr Barton
Defendant
Mr Kelly
Defendant
Mr McGahey
Defendant
The Crown
Prosecutor
Procedural Posture
Criminal / Sentencing
Legal Issues
- 1 appropriate sentencing for affray and violent offences
- 2 distinction between conduct of defendants
- 3 mitigating factors in sentencing
Ratio Decidendi
Violent, alcohol-fuelled conduct on public streets warrants substantial custodial sentences; mitigating factors may justify suspension for progress shown.
Court Disposition
convicted and sentenced
Orders
- Mr Barton: 6 months and 2 weeks imprisonment, suspended for 2 years; Exclusion Order for 12 months; Supervision Order.
- Mr Kelly: 18 months imprisonment.
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