AG -v- Woodward and Buckley [2010] JRC 049 (05 March 2010)

AG -v- Woodward and Buckley [2010] JRC 049 (05 March 2010)

A breach of the peace involving masked threats at night is a serious offence, generally warranting a custodial sentence, but individual circumstances such as current imprisonment or prospects for rehabilitation may justify a reduced sentence or probation.

Citation
[2010] JRC 049
Parties
Defendant: Woodward; Defendant: Buckley; Prosecution: Crown Advocate
Jurisdiction
Jersey
Judgment Date
05 March 2010
Procedural Posture
Criminal / Sentencing
Outcome
partially custodial and partially probationary sentences imposed
Legal Topics
Breach of the Peace, Sentencing, Aggravating Factors, Probation
Criminal Law Breach of the Peace Sentencing Aggravating Factors Probation

Case Brief

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Parties

Woodward

Defendant

Buckley

Defendant

Crown Advocate

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for breach of the peace involving threats and aggravating factors
  2. 2 consideration of probation versus imprisonment

Ratio Decidendi

A breach of the peace involving masked threats at night is a serious offence, generally warranting a custodial sentence, but individual circumstances such as current imprisonment or prospects for rehabilitation may justify a reduced sentence or probation.

Court Disposition

partially custodial and partially probationary sentences imposed

Orders

  • Woodward sentenced to 6 months' imprisonment consecutive to current sentence.
  • Buckley placed on probation for 12 months with standard conditions.