AG v Cardoso [2020] JRC 194 (25 September 2020)

AG v Cardoso [2020] JRC 194 (25 September 2020)

Neither ground for granting bail pending appeal was satisfied. The Magistrate's decision was not unreasonable. The appeal does not have strong prospects of success, and substantially all of the sentence will not have been served by the time of the appeal hearing.

Citation
[2020] JRC 194
Parties
Appellant: Appellant; Respondent: Assistant Magistrate
Jurisdiction
Jersey
Judgment Date
25 September 2020
Procedural Posture
Criminal Appeal / Appeal Against Refusal of Bail Pending Appeal
Outcome
appeal dismissed
Legal Topics
Driving With Excess Alcohol, Bail Pending Appeal, Sentencing Alternatives
Criminal Law Road Traffic Law Driving With Excess Alcohol Bail Pending Appeal Sentencing Alternatives

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Appellant

Appellant

Assistant Magistrate

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Refusal of Bail Pending Appeal

Legal Issues

  1. 1 Whether the Magistrate's refusal of bail pending appeal was unreasonable
  2. 2 Whether community service should have been considered as an alternative to imprisonment
  3. 3 Whether the appeal against sentence is likely to succeed

Ratio Decidendi

Neither ground for granting bail pending appeal was satisfied. The Magistrate's decision was not unreasonable. The appeal does not have strong prospects of success, and substantially all of the sentence will not have been served by the time of the appeal hearing.

Court Disposition

appeal dismissed

Orders

  • Appeal against refusal of bail pending appeal is dismissed.