de Jesus v AG [2001] JRC 208 (22 October 2001)

de Jesus v AG [2001] JRC 208 (22 October 2001)

The custodial sentence imposed was manifestly excessive given the mitigating circumstances and absence of aggravating factors such as drunkenness, disorderly conduct, or sale to minors. The offences warranted a substantial fine, not imprisonment.

Citation
[2001] JRC 208
Parties
Appellant: Appellant; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
22 October 2001
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed, custodial sentence quashed, fines substituted
Legal Topics
Licensing Offences, Sentencing, Sale of Alcohol Without Licence
Criminal Law Licensing Offences Sentencing Sale of Alcohol Without Licence

Case Brief

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Parties

Appellant

Appellant

Attorney General

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of 2 months' imprisonment for three infractions of Article 79 of the Licensing (Jersey) Law 1974 was manifestly excessive
  2. 2 Whether mitigating circumstances were adequately considered
  3. 3 Whether forfeiture of intoxicating liquor could be ordered on appeal

Ratio Decidendi

The custodial sentence imposed was manifestly excessive given the mitigating circumstances and absence of aggravating factors such as drunkenness, disorderly conduct, or sale to minors. The offences warranted a substantial fine, not imprisonment.

Court Disposition

appeal allowed, custodial sentence quashed, fines substituted

Orders

  • Fine of £250 on charge one or 2 weeks' imprisonment in default
  • Fine of £500 on charge two or one month's imprisonment in default