AG -v- Cummins 5-May-2006 [2006] JRC 070 (05 May 2006)
- Citation
- [2006] JRC 070
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Sentencing
More details
- Posture
- Criminal / Sentencing
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Despite significant provocation, a serious unprovoked attack with a weapon in a public place warrants a substantial custodial sentence; provocation justifies reduction but not avoidance of imprisonment.
Court disposition
convicted and sentenced
Orders
- 2 years' imprisonment
02
Material facts
Parties
Unknown Defendant
Defendant Counsel: Advocate HainesThe Crown
ProsecutionAmounts and remedies
- Imprisonment Term: years 2
03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
Appropriate sentence for violent assault with a weapon in a public place
- 02
Effect of provocation on sentencing
Party arguments
- Applicant
- Mitigation based on guilty plea, youth, remorse, and high degree of provocation due to repeated taunting by the victim.
- Respondent
- Substantial sentence warranted due to seriousness of attack, use of weapon, and need to deter public violence.
05
Court’s reasoning
Legal principles
- 01
Court's repeated statements
Violence in public places, especially with weapons, will result in substantial sentences to deter such conduct.
- 02
Court's acceptance of defence version and mitigation
Provocation can reduce sentence but does not eliminate the inevitability of imprisonment for serious violent offences.
06
Ratio, limits and disposition
Ratio decidendi
Despite significant provocation, a serious unprovoked attack with a weapon in a public place warrants a substantial custodial sentence; provocation justifies reduction but not avoidance of imprisonment.
Obiter and limits
- There is too much violence in Jersey, often fuelled by drink, and the Court is determined to send a message that such matters will not be accepted.
Court disposition
convicted and sentenced
- 2 years' imprisonment
Source and reliance status
Official court record
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Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
JUDGMENT THE DEPUTY BAILIFF: 1. This was a serious attack. You thrust a glass into the victim's face, causing the glass to shatter. You did this without any warning, and it caused a number of cuts, some of which will no doubt leave scars and you were really very fortunate that the injuries caused to the victim were not more serious.
2. This Court has repeatedly said and we repeat again today that those who commit violence in public places in St Helier particularly if they use weapons will face substantial sentences. There is too much violence in Jersey, often fuelled by drink and the Court is determined to try and send a message that such matters will not be accepted.
3. So despite the mitigation put forward by Advocate Haines such as your guilty plea, your youth, your remorse and the other matters he referred to, the Crown's conclusions are entirely correct, subject to one matter that we are going to come to.
4. The Crown has agreed that you should be sentenced on the version of facts put forward by the defence, and that is the victim in this case had repeatedly taunted you over a particularly sensitive matter and that he had done so again a few minutes before the incident. We do not propose to describe the nature of that taunting, but we agree with Mr Haines' description of it as being a 'high degree of provocation' and it had been cumulative. For that reason alone we are willing to reduce the sentence in this case, because we understand that it would have been very provoking behaviour. Nevertheless, a prison sentence is inevitable. The sentence of the Court is 2 years' imprisonment. No Authorities Page Last Updated: 10 Jun 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
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