AG -v- Heard [2012] JRC 132 (06 July 2012)

AG -v- Heard [2012] JRC 132 (06 July 2012)

Despite strong mitigation and the knife being carried for self-harm rather than aggression, the court's policy on knife crime must be upheld. A custodial sentence is required, but reduced due to exceptional circumstances.

Citation
[2012] JRC 132
Parties
Defendant: Unknown Defendant; Prosecutor: Crown
Jurisdiction
Jersey
Judgment Date
06 July 2012
Procedural Posture
Criminal / Sentencing
Outcome
Custodial sentence imposed, knives forfeited and destroyed, commendation issued.
Legal Topics
Knife Crime, Possession of Offensive Weapon, Sentencing, Mitigation
Criminal Law Knife Crime Possession of Offensive Weapon Sentencing Mitigation

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Parties

Unknown Defendant

Defendant

Crown

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for possession of a knife in public
  2. 2 Consideration of mitigation in sentencing for knife crime

Ratio Decidendi

Despite strong mitigation and the knife being carried for self-harm rather than aggression, the court's policy on knife crime must be upheld. A custodial sentence is required, but reduced due to exceptional circumstances.

Court Disposition

Custodial sentence imposed, knives forfeited and destroyed, commendation issued.

Orders

  • 12 months' imprisonment on Count 1
  • 6 months' imprisonment on Count 2, concurrent