Fernandes v AG [2023] JRC 098 (20 June 2023)

Fernandes v AG [2023] JRC 098 (20 June 2023)

The sentence imposed was not manifestly excessive, the Magistrate did not err in principle, and the appeal is dismissed.

Citation
[2023] JRC 098
Parties
Appellant: Appellant; Respondent: Crown
Jurisdiction
Jersey
Judgment Date
20 June 2023
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Blackmail, Sentencing, Jurisdiction, Appeal Procedure
Criminal Law Blackmail Sentencing Jurisdiction Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Crown

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the sentence of 12 months' imprisonment for blackmail was manifestly excessive
  2. 2 Whether the Magistrate erred in accepting jurisdiction without full knowledge of mitigation
  3. 3 Whether the Magistrate was obliged to give early indication of custodial sentence

Ratio Decidendi

The sentence imposed was not manifestly excessive, the Magistrate did not err in principle, and the appeal is dismissed.

Court Disposition

appeal dismissed

Orders

  • Sentence of 12 months' imprisonment upheld