1999/9 - Curtin v AG [1999] UR 9 (18 January 1999)

1999/9 - Curtin v AG [1999] UR 9 (18 January 1999)

Custodial sentence for carrying a knife and dangerous driving was justified given appellant's prior record and circumstances; however, the period of disqualification was excessive and should be reduced to maintain uniformity with sentencing guidelines.

Citation
[1999] UR 9
Parties
Appellant: Appellant; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
18 January 1999
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Dangerous Driving, Possession of Offensive Weapon
Criminal Law Sentencing Dangerous Driving Possession of Offensive Weapon

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 custodial sentence imposed was wrong in principle or manifestly excessive
  2. 2 Appropriateness of disqualification period for dangerous driving

Ratio Decidendi

Custodial sentence for carrying a knife and dangerous driving was justified given appellant's prior record and circumstances; however, the period of disqualification was excessive and should be reduced to maintain uniformity with sentencing guidelines.

Court Disposition

appeal allowed in part

Orders

  • On count 3: two months imprisonment concurrent and 1 year disqualification
  • On count 4: three months imprisonment concurrent with previous sentence