A2 and A4 -v- AG [2016] JRC 127A (21 July 2016)

A2 and A4 -v- AG [2016] JRC 127A (21 July 2016)

The Panel's findings were based on evidence and did not materially depart from the prosecution's case; the appellants were not prejudiced by the minor change in the factual basis; the convictions are safe. Sentencing disparity was not justified; sentences for the two appellants should be equalized to 50 hours community service each.

Citation
[2016] JRC 127A
Parties
Appellant: A2; Appellant: A4; Defendant: A1; Defendant: A3; Defendant: A5; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
21 July 2016
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against conviction dismissed; appeal against sentence allowed in part.
Legal Topics
Appeal Against Conviction, Appeal Against Sentence, Perverting the Course of Justice, Sentencing Disparity, Community Service Orders
Criminal Law Youth Justice Appeal Against Conviction Appeal Against Sentence Perverting the Course of Justice Sentencing Disparity Community Service Orders

Case Brief

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Parties

A2

Appellant

A4

Appellant

A1

Defendant

A3

Defendant

A5

Defendant

Attorney General

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the conviction was unsafe due to alleged unfairness in the factual basis found by the Panel
  2. 2 Whether the Panel's findings of fact were so unreasonable as to warrant quashing the conviction
  3. 3 Whether there was unwarranted disparity in sentencing between defendants

Ratio Decidendi

The Panel's findings were based on evidence and did not materially depart from the prosecution's case; the appellants were not prejudiced by the minor change in the factual basis; the convictions are safe. Sentencing disparity was not justified; sentences for the two appellants should be equalized to 50 hours community service each.

Court Disposition

Appeal against conviction dismissed; appeal against sentence allowed in part.

Orders

  • Reduce community service order for A2 from 100 hours to 50 hours.
  • Community service order for A4 remains at 50 hours.