AG -v- Poingdestre [2013] JRC 073 (12 April 2013)

AG -v- Poingdestre [2013] JRC 073 (12 April 2013)

Despite the seriousness of the assault and aggravating features, the combination of mitigating factors—youth, remorse, good references, and employment record—justified a non-custodial sentence of community service.

Citation
[2013] JRC 073
Parties
Defendant: Mr Poingdestre; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
12 April 2013
Procedural Posture
Criminal / Sentencing
Outcome
non-custodial sentence imposed
Legal Topics
Assault, Community Service, Sentencing, Public Order Offences
Criminal Law Assault Community Service Sentencing Public Order Offences

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Mr Poingdestre

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for street violence with aggravating features of drunkenness
  2. 2 Consideration of mitigating factors in sentencing for assault

Ratio Decidendi

Despite the seriousness of the assault and aggravating features, the combination of mitigating factors—youth, remorse, good references, and employment record—justified a non-custodial sentence of community service.

Court Disposition

non-custodial sentence imposed

Orders

  • 90 hours' Community Service on Count 1 (alternative: 3 months' imprisonment)
  • 180 hours' Community Service on Count 2 (alternative: 12 months' imprisonment)