AG -v- Afonso [2013] JRC 190 (27 September 2013)

AG -v- Afonso [2013] JRC 190 (27 September 2013)

Despite the seriousness of the assault by biting, the defendant's exceptional mitigating circumstances justified suspending the prison sentence and imposing a compensation order.

Citation
[2013] JRC 190
Parties
Defendant: Unknown Defendant; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
27 September 2013
Procedural Posture
Criminal / Sentencing
Outcome
2 years' imprisonment suspended for 2 years; compensation order imposed; no deportation ordered.
Legal Topics
Assault, Sentencing, Compensation Order, Suspended Sentence
Criminal Law Assault Sentencing Compensation Order Suspended Sentence

Case Brief

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Parties

Unknown Defendant

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for assault by biting causing injury
  2. 2 Whether sentence should be suspended
  3. 3 Whether compensation order should be made

Ratio Decidendi

Despite the seriousness of the assault by biting, the defendant's exceptional mitigating circumstances justified suspending the prison sentence and imposing a compensation order.

Court Disposition

2 years' imprisonment suspended for 2 years; compensation order imposed; no deportation ordered.

Orders

  • 2 years' imprisonment suspended for 2 years
  • Compensation order of £2,835 to be paid within 1 year