Sangster v AG [2002] JRC 87 (29 April 2002)

Sangster v AG [2002] JRC 87 (29 April 2002)

The sentence of 18 months' imprisonment was not manifestly excessive given the seriousness of the offence, the aggravating features, and the applicant's active role; no distinction was warranted between the co-accused, and the absence of an articulated starting point or more detailed reasoning did not render the sentence appealable.

Citation
[2002] JRC 87
Parties
Applicant: [Applicant Name Not Provided]; Co Accused: Amanda Sangster; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
29 April 2002
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Out of Time Against Sentence
Outcome
Leave to appeal out of time refused
Legal Topics
Sentencing, Blackmail, Mitigation, Appeals Procedure
Criminal Law Sentencing Blackmail Mitigation Appeals Procedure

Case Brief

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Parties

[Applicant Name Not Provided]

Applicant

Amanda Sangster

Co Accused

Attorney General

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Out of Time Against Sentence

Legal Issues

  1. 1 Whether the sentence of 18 months' imprisonment for demanding money with menaces was manifestly excessive
  2. 2 Whether the court failed to distinguish between the roles and personal circumstances of the co-accused
  3. 3 Whether the court failed to articulate a starting point for sentencing

Ratio Decidendi

The sentence of 18 months' imprisonment was not manifestly excessive given the seriousness of the offence, the aggravating features, and the applicant's active role; no distinction was warranted between the co-accused, and the absence of an articulated starting point or more detailed reasoning did not render the sentence appealable.

Court Disposition

Leave to appeal out of time refused