Hatton-Edge -v- AG [2010] JRC 186B (14 October 2010)

Hatton-Edge -v- AG [2010] JRC 186B (14 October 2010)

The appeal was dismissed because, even considering the fresh evidence of ADD, the appellant's decision to leave the island without permission after missing a probation appointment was a wilful and unacceptable breach of the community service order, justifying the custodial sentence imposed.

Citation
[2010] JRC 186B
Parties
Appellant: Alexander Hatton-Edge; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
14 October 2010
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Driving With Excess Alcohol, Breach of Community Service Order, Sentencing, Fresh Evidence on Appeal
Criminal Law Driving With Excess Alcohol Breach of Community Service Order Sentencing Fresh Evidence on Appeal

Case Brief

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Parties

Alexander Hatton-Edge

Appellant

Attorney General

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether fresh psychological evidence should affect the custodial sentence imposed for breach of community service order following a third offence of driving with excess alcohol

Ratio Decidendi

The appeal was dismissed because, even considering the fresh evidence of ADD, the appellant's decision to leave the island without permission after missing a probation appointment was a wilful and unacceptable breach of the community service order, justifying the custodial sentence imposed.

Court Disposition

appeal dismissed

Orders

  • sentence of 2 months' imprisonment affirmed