AG v Newell [2000] JRC 157 (04 August 2000)
- Citation
- [2000] JRC 157
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Sentencing
More details
- Posture
- Criminal / Sentencing
On this page
Professional case brief
Research organized from the available case record
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
DefendantFord
Co DefendantAmounts and remedies
- Imprisonment Term (newell): months 15
03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
Whether both defendants bear equal responsibility for the joint enterprise offence
- 02
Appropriate sentence considering mitigating factors and disparity argument
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
Legal principles
- 01
court reasoning
Equal responsibility in joint enterprise offences
- 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.
Court record
Judgment
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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