AG v Hughes
| Jurisdiction | Jersey |
| Court | Royal Court |
| Judge | The Bailiff |
| Judgment Date | 10 March 2006 |
| Neutral Citation | [2006] JRC 33 |
| Date | 10 March 2006 |
[2006] JRC 33
ROYAL COURT
(Samedi Division)
Sir Philip Bailhache, Kt., Bailiff, and Jurats de Veulle and Clapham.
A. R. Binnington, Esq., Crown Advocate.
Advocate R. Tremoceiro for the Defendant.
Sentencing by the Inferior Number of the Royal Court, following a guilty plea to the following charges:
1 counts of: Grave and Criminal Assault. (Count 1).
Age : 18.
Plea :Guilty.
Details of Offence :
On the evening of Monday 31 October 2005, Halloween, Hughes went to a party at the home of a friend. During the course of the evening, Hughes admitted to having drunk approximately 8 cans of beer.
At 3 am on 1 November 2005, Hughes and a friend were sitting on a sofa in the lounge of the property watching television. The victim and another person entered the lounge. A brief argument ensued between the defendant and the victim that involved the television being turned off twice.
On the third occasion when the victim turned the television back on, Hughes walked over to him and kicked him in the mouth. This blow caused the victim to fall sideways, hit his head on a chest of drawers, and fall to the floor. The victim was left in a semi-conscious state. Hughes then dragged him across the room, through the patio doors following which Hughes set him down leaving him outside in November at approximately 3 am, wearing light clothing while semi-conscious.
There was no evidence to indicate that Hughes was wearing shoes during the assault.
On examination of the victim at the A & E department at the hospital, the attending doctor diagnosed a small swelling to the forehead and swelling and bruising to the lower lip. Dental repair was also needed; the cost of which was £852.00.
Details of Mitigation :
Aged 18 years. No previous convictions. The instigator of the attack, no physical provocation from the victim. Intoxicated. Co-operative during interview. Remorseful – telephoned victim during the morning of the attack to apologise and offer to pay for the dental work (and indeed had paid some by time of sentencing). Timely guilty plea. Totally out of character – provided many character references.
Previous Convictions :
None relevant.
Conclusions :
Count 1: 200 hours of Community Service.
Sentence and Observations of Court :
Count 1: 150 hours of Community Service (9 months' imprisonment, in default).
Court would normally punish violence with...
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