Stevenson v AG [2004] JRC 205 (22 November 2004)

Stevenson v AG [2004] JRC 205 (22 November 2004)

A sentence of 1 month's imprisonment for a third offence of cannabis possession is not manifestly excessive, but a sentence of 2 months' imprisonment for non-aggravated obstruction of a police officer is manifestly excessive and should be reduced to 1 month.

Citation
[2004] JRC 205
Parties
Applicant: Alexander Stevenson
Jurisdiction
Jersey
Judgment Date
22 November 2004
Procedural Posture
Criminal Appeal / Leave to Appeal and Sentence Substitution
Outcome
appeal allowed in part
Legal Topics
Sentencing, Possession of Cannabis, Obstructing Police Officer, Breaking and Entry, Larceny
Criminal Law Sentencing Possession of Cannabis Obstructing Police Officer Breaking and Entry Larceny

Case Brief

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Parties

Alexander Stevenson

Applicant

Procedural Posture

Criminal Appeal / Leave to Appeal and Sentence Substitution

Legal Issues

  1. 1 Whether the sentence of 1 month's imprisonment for possession of cannabis was manifestly excessive
  2. 2 Whether the sentence of 2 months' imprisonment for obstructing a police officer was manifestly excessive

Ratio Decidendi

A sentence of 1 month's imprisonment for a third offence of cannabis possession is not manifestly excessive, but a sentence of 2 months' imprisonment for non-aggravated obstruction of a police officer is manifestly excessive and should be reduced to 1 month.

Court Disposition

appeal allowed in part

Orders

  • Application for leave to appeal out of time granted
  • Leave to appeal granted