AG v Benyoussef [2004] JRC 198 (12 November 2004)

AG v Benyoussef [2004] JRC 198 (12 November 2004)

A custodial sentence is mandatory for a serious assault in public, but exceptional personal circumstances and lack of relevant criminal record justify a reduction from the Crown's recommendation.

Citation
[2004] JRC 198
Parties
Prosecution: The Attorney General; Defendant: Unnamed Accused
Jurisdiction
Jersey
Judgment Date
12 November 2004
Procedural Posture
Criminal / Sentencing
Outcome
conviction and custodial sentence
Legal Topics
Assault, Sentencing, Victim Impact, Public Protection
Criminal Law Assault Sentencing Victim Impact Public Protection

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

The Attorney General

Prosecution

Unnamed Accused

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for assault on a woman in public
  2. 2 Consideration of mitigating and aggravating factors in sentencing

Ratio Decidendi

A custodial sentence is mandatory for a serious assault in public, but exceptional personal circumstances and lack of relevant criminal record justify a reduction from the Crown's recommendation.

Court Disposition

conviction and custodial sentence

Orders

  • 2 years' imprisonment on count 1
  • 2 years' imprisonment on count 2, concurrent with count 1