AG v Harben and Harben [2001] JRC 34 (09 February 2001)

AG v Harben and Harben [2001] JRC 34 (09 February 2001)

The seriousness of the assaults on police officers, despite mitigation and character references, justified custodial sentences for both defendants.

Citation
[2001] JRC 34
Parties
Defendant: Scott Harben; Defendant: Steven Harben; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
09 February 2001
Procedural Posture
Criminal / Sentencing
Outcome
conviction and custodial sentence
Legal Topics
Assault on Police Officer, Sentencing, Youth Detention, Mitigation
Criminal Law Assault on Police Officer Sentencing Youth Detention Mitigation

Case Brief

Summary, issues, holding and outcome

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Parties

Scott Harben

Defendant

Steven Harben

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for assaulting police officers
  2. 2 Consideration of mitigation and character
  3. 3 Application of Criminal Justice (Young Offenders) (Jersey) Law, 1994

Ratio Decidendi

The seriousness of the assaults on police officers, despite mitigation and character references, justified custodial sentences for both defendants.

Court Disposition

conviction and custodial sentence

Orders

  • Scott Harben sentenced to two years' youth detention, concurrent on all counts.
  • Steven Harben sentenced to 18 months' youth detention, concurrent on all counts.