Page v AG [2001] JRC 133 (12 June 2001)

Page v AG [2001] JRC 133 (12 June 2001)

The sentence was based on a factual error regarding the period spent on remand, and to leave this uncorrected would result in a justifiable sense of grievance; therefore, the sentence should be reduced by one month to reflect the actual time spent on remand.

Citation
[2001] JRC 133
Parties
Appellant: Appellant; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
12 June 2001
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Time Spent on Remand, Probation Breach
Criminal Law Sentencing Time Spent on Remand Probation Breach

Case Brief

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Parties

Appellant

Appellant

Attorney General

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing court erred in calculating the allowance for time spent on remand prior to the imposition of a probation order

Ratio Decidendi

The sentence was based on a factual error regarding the period spent on remand, and to leave this uncorrected would result in a justifiable sense of grievance; therefore, the sentence should be reduced by one month to reflect the actual time spent on remand.

Court Disposition

appeal allowed in part

Orders

  • Leave to appeal granted.
  • Sentence on relevant counts reduced from 16 months to 15 months to reflect correct remand period.