AG -v- Woolley [2018] JRC 023 (26 January 2018)

AG -v- Woolley [2018] JRC 023 (26 January 2018)

Exceptional circumstances including substantial provocation, genuine remorse, positive character, and exceptional references justify avoidance of custodial sentence for grave and criminal assault; compensation order is appropriate.

Citation
[2018] JRC 023
Parties
Defendant: Unknown Defendant; Prosecutor: Crown; Victim: Victim
Jurisdiction
Jersey
Judgment Date
26 January 2018
Procedural Posture
Criminal / Sentencing
Outcome
Non-custodial sentence imposed; community service and compensation ordered.
Legal Topics
Assault, Sentencing, Compensation, Mitigation
Criminal Law Assault Sentencing Compensation Mitigation

Case Brief

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Parties

Unknown Defendant

Defendant

Crown

Prosecutor

Victim

Victim

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether exceptional circumstances exist to avoid custodial sentence for grave and criminal assault
  2. 2 Appropriateness of compensation order

Ratio Decidendi

Exceptional circumstances including substantial provocation, genuine remorse, positive character, and exceptional references justify avoidance of custodial sentence for grave and criminal assault; compensation order is appropriate.

Court Disposition

Non-custodial sentence imposed; community service and compensation ordered.

Orders

  • Defendant to carry out 150 hours of community service, equivalent to 9 months imprisonment.
  • Defendant to pay £400 compensation to victim at £100 per month.