Hackett v AG [2023] JRC 163 (12 September 2023)

Hackett v AG [2023] JRC 163 (12 September 2023)

The Magistrate properly considered both aggravating and mitigating factors, including the appellant's guilty plea, remorse, and character references. The sentence of 12 months' imprisonment was not manifestly excessive given the sustained, aggravated assault on a domestic partner. The appeal is dismissed.

Citation
[2023] JRC 163
Parties
Appellant: Mr Hackett; Respondent: Crown; Victim: Victim
Jurisdiction
Jersey
Judgment Date
12 September 2023
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sentencing, Domestic Violence, Assault, Mitigation, Jurisdiction
Criminal Law Sentencing Domestic Violence Assault Mitigation Jurisdiction

Case Brief

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Parties

Mr Hackett

Appellant

Crown

Respondent

Victim

Victim

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Was the sentence of 12 months' imprisonment imposed by the Magistrate wrong in principle or manifestly excessive?
  2. 2 Did the Magistrate properly consider mitigation when accepting jurisdiction and imposing sentence?

Ratio Decidendi

The Magistrate properly considered both aggravating and mitigating factors, including the appellant's guilty plea, remorse, and character references. The sentence of 12 months' imprisonment was not manifestly excessive given the sustained, aggravated assault on a domestic partner. The appeal is dismissed.

Court Disposition

appeal dismissed

Orders

  • sentence of 12 months' imprisonment upheld