AG v Willoughby [2009] JRC 183 (11 September 2009)

AG v Willoughby [2009] JRC 183 (11 September 2009)

Custodial sentence is not essential given the defendant's low risk of re-offending, lack of prior trouble, and personal circumstances; community service and compensation are appropriate.

Citation
[2009] JRC 183
Parties
Defendant: Willoughby; Victim: Stephen Kivlin
Jurisdiction
Jersey
Judgment Date
11 September 2009
Procedural Posture
Criminal / Sentencing
Outcome
community service and compensation order imposed
Legal Topics
Assault, Sentencing of Young Offenders, Compensation Orders
Criminal Law Assault Sentencing of Young Offenders Compensation Orders

Case Brief

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Parties

Willoughby

Defendant

Stephen Kivlin

Victim

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 whether custodial sentence is necessary for young offender who committed serious assault
  2. 2 appropriate compensation for victim's property damage

Ratio Decidendi

Custodial sentence is not essential given the defendant's low risk of re-offending, lack of prior trouble, and personal circumstances; community service and compensation are appropriate.

Court Disposition

community service and compensation order imposed

Orders

  • 180 hours of community service
  • compensation order of £1,300 to Stephen Kivlin, payable at £100 per week