AG -v- Kirkpatrick [2016] JRC 121 (15 July 2016)

AG -v- Kirkpatrick [2016] JRC 121 (15 July 2016)

The defendant's conduct crossed the custody threshold due to the seriousness of the assault, lack of exceptional circumstances, prior convictions, and court policy on public violence; a custodial sentence is inevitable despite mitigation.

Citation
[2016] JRC 121
Parties
Defendant: Mr Kirkpatrick; Prosecutor: Solicitor-General
Jurisdiction
Jersey
Judgment Date
15 July 2016
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Disorderly Conduct, Grave and Criminal Assault, Licensed Premises, Sentencing, Mitigation
Criminal Law Disorderly Conduct Grave and Criminal Assault Licensed Premises Sentencing Mitigation

Case Brief

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Parties

Mr Kirkpatrick

Defendant

Solicitor-General

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the defendant's conduct on licensed premises constituted disorderly behaviour under Article 82 of Licensing (Jersey) Law 1974
  2. 2 Whether the assault outside the club constituted grave and criminal assault
  3. 3 Whether exceptional circumstances exist to avoid a custodial sentence

Ratio Decidendi

The defendant's conduct crossed the custody threshold due to the seriousness of the assault, lack of exceptional circumstances, prior convictions, and court policy on public violence; a custodial sentence is inevitable despite mitigation.

Court Disposition

convicted and sentenced

Orders

  • 1 month's imprisonment for disorderly conduct under Article 82 of Licensing (Jersey) Law 1974
  • 9 months' imprisonment for grave and criminal assault, sentences to run concurrently