AG v Parrington [2003] JRC 220 (01 December 2003)

AG v Parrington [2003] JRC 220 (01 December 2003)

There was ample evidence for the Magistrate to conclude that the appellant's disorderly conduct resulted from drink; failure to obtain a blood sample did not render the conviction unsafe; sentence of imprisonment was excessive for a first offence.

Citation
[2003] JRC 220
Parties
Appellant: Appellant; Respondent: Crown
Jurisdiction
Jersey
Judgment Date
01 December 2003
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against conviction dismissed; appeal against sentence allowed
Legal Topics
Drunk and Disorderly, Appeal, Sentencing, Evidence
Criminal Law Drunk and Disorderly Appeal Sentencing Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether conviction for being drunk and disorderly was reasonable based on evidence
  2. 2 Whether failure to obtain blood sample affected fairness of conviction
  3. 3 Appropriateness of sentence imposed

Ratio Decidendi

There was ample evidence for the Magistrate to conclude that the appellant's disorderly conduct resulted from drink; failure to obtain a blood sample did not render the conviction unsafe; sentence of imprisonment was excessive for a first offence.

Court Disposition

Appeal against conviction dismissed; appeal against sentence allowed

Orders

  • Conviction upheld
  • Seven days' imprisonment quashed