AG v Le Monnier [2000] JRC 119 (28 June 2000)

AG v Le Monnier [2000] JRC 119 (28 June 2000)

The appropriate sentence for a serious knife assault, considering provocation, remorse, and a guilty plea, falls within the three to five year band; four years' imprisonment is justified. Lower sentences are appropriate for associated dishonesty offences.

Citation
[2000] JRC 119
Parties
Accused: Le Monnier; Prosecution: Attorney General
Jurisdiction
Jersey
Judgment Date
28 June 2000
Procedural Posture
Criminal / Sentencing Judgment
Outcome
convicted and sentenced
Legal Topics
Sentencing, Assault With a Weapon, Dishonesty Offences, Mitigation, Provocation
Criminal Law Sentencing Assault With a Weapon Dishonesty Offences Mitigation Provocation

Case Brief

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Parties

Le Monnier

Accused

Attorney General

Prosecution

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 appropriate sentence for serious assault with a knife
  2. 2 application of sentencing principles
  3. 3 effect of provocation and remorse on sentence

Ratio Decidendi

The appropriate sentence for a serious knife assault, considering provocation, remorse, and a guilty plea, falls within the three to five year band; four years' imprisonment is justified. Lower sentences are appropriate for associated dishonesty offences.

Court Disposition

convicted and sentenced

Orders

  • Four years' imprisonment on count 1 (assault with a knife)
  • One month's imprisonment on count 2 (dishonesty), consecutive