Jersey Judgment

AG v Newell [2000] JRC 157 (04 August 2000)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

Both defendants bear equal responsibility for the joint enterprise offence; mitigating factors warrant some credit but do not outweigh the seriousness of the offence. Disparity argument rejected except for a small discount for youth for the co-accused.

Court disposition

convicted and sentenced

Orders

  • Newell sentenced to 15 months' imprisonment

02

Material facts

Parties

Newell

Defendant

Ford

Co Defendant

Amounts and remedies

  • Imprisonment Term (newell): months 15

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

Party arguments

Applicant
Mitigating factors including guilty plea, cooperation with police, and a letter to the court. Disparity argument raised due to co-accused's youth.
Respondent
Disparity argument not persuasive; both defendants equally responsible.

05

Court’s reasoning

  1. 01

    court reasoning

    Equal responsibility in joint enterprise offences

  2. 02

    court reasoning

    Mitigating factors such as guilty plea and cooperation may reduce sentence

06

Ratio, limits and disposition

Ratio decidendi

Both defendants bear equal responsibility for the joint enterprise offence; mitigating factors warrant some credit but do not outweigh the seriousness of the offence. Disparity argument rejected except for a small discount for youth for the co-accused.

Court disposition

convicted and sentenced

  • Newell sentenced to 15 months' imprisonment

Source and reliance status

Official court record

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Judgment reading view

Judgment text

The complete available source text.

Source document

Court record

Judgment

[2000] JRC 157

JUDGMENT THE BAILIFF: 1. The Court agrees that both Newell and Ford bear equal responsibility for this offence which was, without question, a joint enterprise.

2. Newell, you have a very bad record and you must have known the likely consequences of committing an offence of this kind. We have taken into account your guilty plea and your co-operation with the police and the letter which you have written to us and you are entitled to credit for the mitigating factors. We are not impressed by the disparity argument. Your co-accused was young enough to be your son and he was entitled to receive some small discount for his youth. We think that the conclusions are moderate and you are accordingly sentenced on the single count on the indictment to 15 months' imprisonment. Take him away, please. Authorities A. G. -v- Wheatley (5 th January, 1990) Jersey Unreported. A. G. -v- Ford (31 st March, 2000) Jersey Unreported. Page Last Updated: 19 Aug 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

A. G. -v- Wheatley (5th January, 1990) Jersey Unreported

Case cited

A. G. -v- Ford (31st March, 2000) Jersey Unreported

Case cited

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