AG -v- Bennett [2014] JRC 215 (10 November 2014)

AG -v- Bennett [2014] JRC 215 (10 November 2014)

The appropriate starting point for sentencing, considering the seriousness of the offence, use of a knife, and personal mitigation, is 6 years' imprisonment, reduced to 5½ years due to mitigating factors. Compensation of £1,800 is ordered for the victim.

Citation
[2014] JRC 215
Parties
Defendant: Neil William Bennett; Victim: Justin Sumrie; Prosecution: Attorney General
Jurisdiction
Jersey
Judgment Date
10 November 2014
Procedural Posture
Criminal / Sentencing After Conviction
Outcome
convicted and sentenced
Legal Topics
Grave and Criminal Assault, Sentencing, Compensation Order
Criminal Law Grave and Criminal Assault Sentencing Compensation Order

Case Brief

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Parties

Neil William Bennett

Defendant

Justin Sumrie

Victim

Attorney General

Prosecution

Procedural Posture

Criminal / Sentencing After Conviction

Legal Issues

  1. 1 appropriate sentence for grave and criminal assault
  2. 2 assessment of intent and mitigation
  3. 3 application for compensation order

Ratio Decidendi

The appropriate starting point for sentencing, considering the seriousness of the offence, use of a knife, and personal mitigation, is 6 years' imprisonment, reduced to 5½ years due to mitigating factors. Compensation of £1,800 is ordered for the victim.

Court Disposition

convicted and sentenced

Orders

  • 5½ years' imprisonment for grave and criminal assault
  • £1,800 compensation to the victim, payable within 28 days, with 14 days' imprisonment in default to run consecutively