AG v Williams 4 May 2022 [2022] JRC 103 (04 May 2022)

AG v Williams 4 May 2022 [2022] JRC 103 (04 May 2022)

The factual basis for sentencing is that the jury accepted the Complainant's evidence regarding the assault in the property (Count 1), but were not satisfied that the injuries were serious enough to constitute grave and criminal assault, thus finding the Defendant guilty of common assault. The sentencing court should proceed on this basis as communicated by the trial court under Article 50.

Citation
[2022] JRC 103
Parties
Prosecution: The Crown; Defendant: The Defendant; Complainant: Miss D
Jurisdiction
Jersey
Judgment Date
04 May 2022
Procedural Posture
Criminal / Post Verdict, Pre Sentencing
Outcome
Factual basis for sentencing determined; sentencing court to proceed on basis communicated by trial court.
Legal Topics
Assault, Sentencing, Factual Basis for Sentencing, Self Defence
Criminal Law Assault Sentencing Factual Basis for Sentencing Self Defence

Case Brief

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Parties

The Crown

Prosecution

The Defendant

Defendant

Miss D

Complainant

Procedural Posture

Criminal / Post Verdict, Pre Sentencing

Legal Issues

  1. 1 What factual basis should be used for sentencing following a jury verdict of common assault when the parties dispute the interpretation of the verdict?
  2. 2 How should Article 50 of the Criminal Procedure (Jersey) Law 2018 be applied in cases where facts are disputed post-verdict?

Ratio Decidendi

The factual basis for sentencing is that the jury accepted the Complainant's evidence regarding the assault in the property (Count 1), but were not satisfied that the injuries were serious enough to constitute grave and criminal assault, thus finding the Defendant guilty of common assault. The sentencing court should proceed on this basis as communicated by the trial court under Article 50.

Court Disposition

Factual basis for sentencing determined; sentencing court to proceed on basis communicated by trial court.

Orders

  • Jurats to be directed to sentence on the basis that the jury accepted the Complainant's evidence for Count 1 but did not find the assault grave and criminal.
  • Summing up on evidence to be provided to Jurats, excluding reference to Count 2.