AG -v- McLean [2018] JRC 090 (18 May 2018)

AG -v- McLean [2018] JRC 090 (18 May 2018)

Time served is sufficient given the nature of the assault, injuries, and defendant's medical condition; a 12-month restraining order is necessary for victim protection but not the 5 years sought by the Crown.

Citation
[2018] JRC 090
Parties
Defendant: Mr McLean; Prosecutor: Crown; Victim: Former partner; Victim: Former partner's son
Jurisdiction
Jersey
Judgment Date
18 May 2018
Procedural Posture
Criminal / Sentencing
Outcome
time served, restraining order imposed
Legal Topics
Common Assault, Breach of the Peace, Obstructing Police Officer, Domestic Violence, Restraining Order
Criminal Law Common Assault Breach of the Peace Obstructing Police Officer Domestic Violence Restraining Order

Case Brief

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Parties

Mr McLean

Defendant

Crown

Prosecutor

Former partner

Victim

Former partner's son

Victim

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Sentencing for common assault
  2. 2 Imposition and duration of restraining order
  3. 3 Consideration of defendant's medical condition

Ratio Decidendi

Time served is sufficient given the nature of the assault, injuries, and defendant's medical condition; a 12-month restraining order is necessary for victim protection but not the 5 years sought by the Crown.

Court Disposition

time served, restraining order imposed

Orders

  • Defendant released immediately.
  • Restraining Order for 12 months prohibiting contact, approach, or loitering within 50 metres of victims' home or work addresses.