AG v Deffains

CourtRoyal Court
Judgment Date30 April 2004
Neutral Citation[2004] JRC 75
Date30 April 2004

[2004] JRC 75


(Samedi Division)


M.C. St. J. Birt, Deputy Bailiff, and Jurats Tibbo and Clapham.

The Attorney General
Peter Edgar Deffains

C.M.M. Yates, Esq., Crown Advocate.

Advocate C.J. Scholefield for the Defendant.


Harrison v AG [2004] JCA 046.

AG v Cooper [2002] JRC 036.

Whelan: Aspects of Sentencing in the Superior Courts of Jersey (2 nd Edition): pp.310–318.

Mallet v A.G. [2000] JLR 256.

1 count of: Grave and criminal assault

Age: 38

Plea: Guilty.

Details of Offence:

The Defendant's company had been involved in a protracted legal dispute with a finance company where the victim was Managing Director. The Defendant had settled action out of court, but had come to resent the victim intensely, even though they had never met.

While out drinking one night, the Defendant came across the victim who was attending a party in Chicago Rock. Later that evening, in the toilets at the restaurant, the Defendant punched the unsuspecting victim full force in the face. At the time the Defendant was wearing a stiff resin cast on his hand. The blow caused severe eye trauma, and approximately £15,000 worth of dental damage.

The Defendant was later arrested, and pleaded guilty on indictment. In putting the grave and criminal assault charge, the Crown took account of the fact that the blow was a very heavy one of which the victim had no notice, and that it had caused serious injuries.

The Defendant accepted that he still felt a great deal of animosity towards the victim.

Details of Mitigation:

Guilty plea, previous good character, likely to face lengthy civil action brought by victim, no pre-meditation.

Previous Convictions:

Three minor road traffic offences.


12 months' imprisonment.

Sentence and Observations of Court:

This was an unprovoked assault with serious consequences. There was no excuse for this behaviour, which must be met by prison sentence. However, due to mitigation, Court felt able to suspend 12 months' prison sentence for two years.




This was an unprovoked assault, which had serious consequences for the victim. He suffered damage to his eye and to his teeth. Fortunately, it appears that neither of these will be permanent.


We accept that it involved only one punch and that this was carried out on the spur of the moment when you came face to face with him and it was borne out of a sense of grievance over the...

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2 cases
  • The Attorney General v Daniel Roberts (Kirkpatrick)
    • Jersey
    • Royal Court
    • 15 July 2016
    ...Licensing (Jersey) Law 1974. AG v Cummins [2006] JRC 070 . Harrison v AG [2004] JLR 111 . AG v Monks [2012] JRC 003 . AG v Deffains [2004] JRC 075 . AG v Bisson [2015] JRC 073 . AG v Cameron [2016] JRC 107 . Inferior Number Sentencing — being disorderly on licensed premises — grave and crim......
  • The Attorney General v Sorin Tudorel Marin
    • Jersey
    • Royal Court
    • 19 February 2016
    ...O'Shea [2005] JRC 087 . Attorney General -v- Silva [2015] JRC 153 . Attorney General -v- Mundy 1996/081 . Attorney General -v- Deffains [2004] JRC 075 . Attorney General -v- Le Chevere [2015] JRC 053 . Attorney General -v- Afonso [2013] JRC 190 . Criminal Injuries Compensation Scheme 2012. ......

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