Gillingham v AG [2002] JRC 236 (11 December 2002)

Gillingham v AG [2002] JRC 236 (11 December 2002)

The sentence imposed was not outside the band of reasonable options; it was neither manifestly excessive nor wrong in principle given the appellant's history and repeated breaches of probation.

Citation
[2002] JRC 236
Parties
Appellant: Appellant; Respondent: Assistant Magistrate
Jurisdiction
Jersey
Judgment Date
11 December 2002
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Assault, Malicious Damage, Sentencing, Probation Breach
Criminal Law Assault Malicious Damage Sentencing Probation Breach

Case Brief

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Parties

Appellant

Appellant

Assistant Magistrate

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of six months' imprisonment was manifestly excessive or wrong in principle
  2. 2 Whether the Assistant Magistrate erred in imposing a custodial sentence given the appellant's progress and mitigation

Ratio Decidendi

The sentence imposed was not outside the band of reasonable options; it was neither manifestly excessive nor wrong in principle given the appellant's history and repeated breaches of probation.

Court Disposition

appeal dismissed

Orders

  • sentence of six months' imprisonment upheld