Key Words: Common assault of a minor – assault juvenile – role of provocation in sentencing – section 10 Crimes (Sentencing Procedure) Act
RW was charged with an assault on a 15 year old boy. The assault occurred against a complex background. This involved an allegation that RWs 15 year old daughter had been sexually interfered with by the 15 year old victim of the assault. During an altercation in a public place, RW had lost his temper and punched the victim in the face. The victim complained to police and RW was charged with an assault of a minor. RW pleaded guilty but argued that he was provoked by the ongoing conduct of the victim leading to the assault.
Taking into account the very significant degree of provocation, and taking into account the evidence of RW, the Court considered the degree of provocation very significant in the particular matter and dismissed the matter pursuant to section 10 of the Crimes (Sentencing Procedure) Act.