AG -v- De La Haye [2013] JRC 042A (22 February 2013)

AG -v- De La Haye [2013] JRC 042A (22 February 2013)

The defendant acted recklessly but without intent to cause serious injury; substantial mitigation and acceptance of recklessness justify community service and increased compensation rather than custodial sentence.

Citation
[2013] JRC 042A
Parties
Defendant: Mr De La Haye; Victim: Mr Forrest; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
22 February 2013
Procedural Posture
Criminal / Sentencing
Outcome
community sentence and compensation order
Legal Topics
Assault, Sentencing, Compensation Orders
Criminal Law Assault Sentencing Compensation Orders

Case Brief

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Parties

Mr De La Haye

Defendant

Mr Forrest

Victim

Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for reckless assault causing serious injury
  2. 2 compensation for victim's injuries

Ratio Decidendi

The defendant acted recklessly but without intent to cause serious injury; substantial mitigation and acceptance of recklessness justify community service and increased compensation rather than custodial sentence.

Court Disposition

community sentence and compensation order

Orders

  • 180 hours community service (equivalent to 12 months imprisonment)
  • compensation of £5,000 to Mr Forrest (£3,000 within 14 days, £2,000 within a year)