Gill v AG [2019] JRC 006A (23 January 2019)

Gill v AG [2019] JRC 006A (23 January 2019)

The sentence of 2 years' youth detention was not manifestly excessive given the seriousness, duration, and nature of the offending, and the sentencing court properly considered mitigation and the statutory test for youth detention.

Source-derived case information.

Citation
[2019] JRC 006A
Parties
Appellant: Appellant; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
23 January 2019
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
leave to appeal refused
Legal Topics
Sentencing, Youth Offenders, Drug Offences, Appeals Against Sentence
Criminal Law Sentencing Youth Offenders Drug Offences Appeals Against Sentence

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Summary, issues, holding and outcome

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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 sentence of 2 years' youth detention was manifestly excessive for drug supply offences by a young offender
  2. 2 Whether sufficient weight was given to mitigation and the possibility of a non-custodial sentence under the Criminal Justice (Young Offenders) (Jersey) Law 2014

Ratio Decidendi

The sentence of 2 years' youth detention was not manifestly excessive given the seriousness, duration, and nature of the offending, and the sentencing court properly considered mitigation and the statutory test for youth detention.

Court Disposition

leave to appeal refused