AG -v- Furzer and Hansford [2011] JRC 006 (14 January 2011)

AG -v- Furzer and Hansford [2011] JRC 006 (14 January 2011)

Given the defendants' youth, remorse, and the specific circumstances shown in CCTV footage, the court exceptionally imposed community service and exclusion orders instead of custodial sentences, in accordance with the statutory requirement to avoid custody for young offenders where possible.

Citation
[2011] JRC 006
Parties
Defendant: Mr Furzer; Defendant: Mr Hansford
Jurisdiction
Jersey
Judgment Date
14 January 2011
Procedural Posture
Criminal / Sentencing
Outcome
non-custodial sentences imposed
Legal Topics
Grave and Criminal Assault, Resisting Arrest, Sentencing of Young Offenders, Community Service, Exclusion Orders
Criminal Law Grave and Criminal Assault Resisting Arrest Sentencing of Young Offenders Community Service Exclusion Orders

Case Brief

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Parties

Mr Furzer

Defendant

Mr Hansford

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for grave and criminal assault by young offenders
  2. 2 Whether custodial sentence is necessary under Criminal Justice (Young Offenders)(Jersey) Law 1994
  3. 3 Appropriate punishment for resisting arrest

Ratio Decidendi

Given the defendants' youth, remorse, and the specific circumstances shown in CCTV footage, the court exceptionally imposed community service and exclusion orders instead of custodial sentences, in accordance with the statutory requirement to avoid custody for young offenders where possible.

Court Disposition

non-custodial sentences imposed

Orders

  • Mr Furzer: 180 hours' community service; 12 months' exclusion from licensed premises (except category 6 licenses); custodial alternative would have been 12 months' imprisonment.
  • Mr Hansford: 215 hours' community service (including 50 hours for resisting arrest, concurrent); 12 months' exclusion from licensed premises (except category 6 licenses); custodial alternative would have been 15 months' youth detention for assault and 1 month for resisting arrest, concurrent.