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Jersey Unreported Judgments
You are here: BAILII >> Databases >> Jersey Unreported Judgments >> AG -v- Opinca [2013] JRC 254 (13 December 2013)
URL: http://www.bailii.org/je/cases/UR/2013/2013_254.html
Cite as: [2013] JRC 254
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Inferior Number Sentencing - malicious damage.
|
Before : |
J. A. Clyde-Smith, Esq., Commissioner, and Jurats Clapham and Crill. |
The Attorney General
-v-
Daniel Constantin Opinca
Sentencing by the Inferior Number of the Royal Court, following a guilty plea to the following charge:
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1 count of: |
Malicious damage (Count 1). |
Age: 24.
Plea: Guilty.
Details of Offence:
In the early hours of the morning, the defendant, in the course of an argument with his cohabitee, in anger, having consumed alcohol, punched a bedroom door causing a hole in the door. This act caused distress to his cohabitee and disturbed their baby who was sleeping in the bedroom.
Details of Mitigation:
The defendant had no previous convictions. Had he not also faced an allegation of grave and criminal assault, of which he was subsequently found not guilty at an assize trial, the matter would not have reached the Royal Court. He had pleaded guilty at an early stage.
Previous Convictions:
None.
Conclusions:
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Count 1: |
£200 fine or 2 weeks' imprisonment in default. |
Compensation Order sought in the sum of £150 or 2 weeks' imprisonment in default.
Sentence and Observations of Court:
Conclusions granted.
1 week in which to pay.
R. C. P. Pedley, Esq., Crown Advocate.
Advocate M. J. Haines for the Defendant.
JUDGMENT
THE commissioner:
1. The defendant was committed to this Court for one count of grave and criminal assault and one count of malicious damage. He was acquitted of the grave and criminal assault and therefore stands to be sentenced for the malicious damage, an offence which ordinarily would be dealt with in the Magistrate's Court. The very brief facts are that in the course of an argument with his co-habittee, and under the influence of alcohol, the defendant punched the bedroom door damaging it. The defendant is a man of good character and has written to us apologising for his behaviour and he does not oppose the conclusions of the Crown.
2. We therefore impose a fine of £200 or 2 weeks' imprisonment in default and we order you to pay compensation of £150 to your co-habittee. You have one week in which to pay.
No Authorities