Hanby -v- AG [2014] JRC 072A (20 March 2014)

Hanby -v- AG [2014] JRC 072A (20 March 2014)

Given the minimal violence but serious context of unlawful entry at night and the resulting fear, a custodial sentence is warranted, but the original sentence was excessive in light of strong mitigation; sentence reduced to 3 months' imprisonment.

Citation
[2014] JRC 072A
Parties
Appellant: Mr Hanby; Respondent: The Crown
Jurisdiction
Jersey
Judgment Date
20 March 2014
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Common Assault, Sentencing, Mitigation, Appeal
Criminal Law Common Assault Sentencing Mitigation Appeal

Case Brief

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Parties

Mr Hanby

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for common assault was manifestly excessive or wrong in principle

Ratio Decidendi

Given the minimal violence but serious context of unlawful entry at night and the resulting fear, a custodial sentence is warranted, but the original sentence was excessive in light of strong mitigation; sentence reduced to 3 months' imprisonment.

Court Disposition

appeal allowed in part

Orders

  • Sentence reduced to 3 months' imprisonment