1998/166 - Little v AG [1998] UR 166 (3 August 1998)

1998/166 - Little v AG [1998] UR 166 (3 August 1998)

Given the appellant's age, lack of violent record, deep remorse, provocation, and absence of premeditation, a custodial sentence was harsh and should be substituted with probation and community service.

Citation
[1998] UR 166
Parties
Appellant: Appellant; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
03 August 1998
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Sentencing, Young Offenders, Assault, Probation
Criminal Law Juvenile Justice Sentencing Young Offenders Assault Probation

Case Brief

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Parties

Appellant

Appellant

Attorney General

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether a custodial sentence is justified for a 20-year-old convicted of glassing under the Criminal Justice (Young Offenders) (Jersey) Law, 1994
  2. 2 Whether mitigating factors warrant substitution of a custodial sentence with probation and community service

Ratio Decidendi

Given the appellant's age, lack of violent record, deep remorse, provocation, and absence of premeditation, a custodial sentence was harsh and should be substituted with probation and community service.

Court Disposition

appeal allowed

Orders

  • Sentence of youth detention substituted with two years probation
  • 180 hours community service to be carried out in the first year