AG -v- Cummins 5-May-2006 [2006] JRC 070 (05 May 2006)

AG -v- Cummins 5-May-2006 [2006] JRC 070 (05 May 2006)

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.

Citation
[2006] JRC 070
Parties
Defendant: Unknown Defendant; Prosecution: The Crown
Jurisdiction
Jersey
Judgment Date
05 May 2006
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Violent Assault, Sentencing, Provocation, Use of Weapon
Criminal Law Violent Assault Sentencing Provocation Use of Weapon

Case Brief

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Parties

Unknown Defendant

Defendant

The Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for violent assault with a weapon in a public place
  2. 2 Effect of provocation on sentencing

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.

Court Disposition

convicted and sentenced

Orders

  • 2 years' imprisonment