AG v Somerville and Hardman [2004] JRC 183 (22 October 2004)

AG v Somerville and Hardman [2004] JRC 183 (22 October 2004)

Despite provocation and the defendants' youth and lack of prior record, the deliberate and violent nature of the assault, use of a shod foot as a weapon, and the need to deter street violence justified substantial community service, probation, compensation, and exclusion orders in lieu of immediate imprisonment.

Citation
[2004] JRC 183
Parties
Defendant: Somerville; Defendant: Hardman; Prosecutor: Crown; Victim: Complainant
Jurisdiction
Jersey
Judgment Date
22 October 2004
Procedural Posture
Criminal / Sentencing
Outcome
conviction with non-custodial sentences
Legal Topics
Assault, Sentencing, Community Service, Probation, Compensation, Drug Offence
Criminal Law Assault Sentencing Community Service Probation Compensation Drug Offence

Case Brief

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Parties

Somerville

Defendant

Hardman

Defendant

Crown

Prosecutor

Complainant

Victim

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for grave and criminal assault
  2. 2 consideration of provocation and deliberation in assault
  3. 3 use of a shod foot as a weapon

Ratio Decidendi

Despite provocation and the defendants' youth and lack of prior record, the deliberate and violent nature of the assault, use of a shod foot as a weapon, and the need to deter street violence justified substantial community service, probation, compensation, and exclusion orders in lieu of immediate imprisonment.

Court Disposition

conviction with non-custodial sentences

Orders

  • Somerville: 18 months probation with attendance at Aggression Control Training Centre and psychiatric sessions, 240 hours community service, £500 fine for cannabis offence, £500 compensation to victim, exclusion from 1st, 5th, and 7th category premises for 12 months
  • Hardman: 240 hours community service, £500 compensation to victim, exclusion from 1st, 5th, and 7th category premises for 12 months