AG v Harrington [2004] JRC 106 (11 June 2004)

The defendant's violent response, though provoked by unsolicited sexual advances, warrants a prison sentence, but due to his unblemished record and extreme provocation, the sentence is suspended.

Citation: [2004] JRC 106
Parties: Defendant: Unnamed Defendant; Prosecutor: Crown Advocate
Jurisdiction: Jersey
Judgment Date: 11 June 2004
Procedural Posture: Criminal / Sentencing
Outcome: 12 months' imprisonment suspended for 12 months
Legal Topics: Assault, Provocation, Sentencing, Suspended Sentence

Criminal Law Assault Provocation Sentencing Suspended Sentence

Case Brief

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Parties

Unnamed Defendant

Defendant

Crown Advocate

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

1 Whether the defendant's violent response to unsolicited sexual advances warrants imprisonment
2 Appropriate sentence considering provocation and defendant's background

Ratio Decidendi

The defendant's violent response, though provoked by unsolicited sexual advances, warrants a prison sentence, but due to his unblemished record and extreme provocation, the sentence is suspended.

Court Disposition

12 months' imprisonment suspended for 12 months

Orders

Sentence of 12 months' imprisonment suspended for 12 months