AG -v- Milon [2016] JRC 159 (09 September 2016)

AG -v- Milon [2016] JRC 159 (09 September 2016)

Custodial sentences are mandatory for alcohol-fuelled violent assaults and assaults involving a shod foot unless exceptional circumstances exist, which are absent in this case; mitigation justifies a reduction in sentence length but not a non-custodial outcome.

Citation
[2016] JRC 159
Parties
Defendant: Unknown (Defendant); Prosecutor: Attorney General (Crown)
Jurisdiction
Jersey
Judgment Date
09 September 2016
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Grave and Criminal Assault, Sentencing, Alcohol Related Violence, Exclusion Orders
Criminal Law Grave and Criminal Assault Sentencing Alcohol Related Violence Exclusion Orders

Case Brief

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Parties

Unknown (Defendant)

Defendant

Attorney General (Crown)

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for two counts of grave and criminal assault
  2. 2 Consideration of aggravating and mitigating factors in sentencing
  3. 3 Imposition of exclusion order

Ratio Decidendi

Custodial sentences are mandatory for alcohol-fuelled violent assaults and assaults involving a shod foot unless exceptional circumstances exist, which are absent in this case; mitigation justifies a reduction in sentence length but not a non-custodial outcome.

Court Disposition

convicted and sentenced

Orders

  • 20 months' imprisonment for Count 1
  • 4 months' imprisonment for Count 2, consecutive to Count 1