Jersey Judgment

Att. Gen. v McInnes [2000] JLR_Note 55b (07 March 2000)

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Professional case brief

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Source document

01

Holding and result

The court determined that the tariff for causing death by dangerous driving should be increased to reflect the gravity of the offence and to serve as a deterrent.

Court disposition

tariff increased

Orders

  • The sentencing tariff for causing death by dangerous driving is increased.

02

Material facts

Parties

Attorney General

Applicant

McInnes

Respondent

03

Procedural history

  1. Posture

    Criminal Appeal / Sentencing/tariff Review

04

Questions and positions

Legal issues

Whether the tariff for causing death by dangerous driving should be increased

Party arguments

Applicant
The applicant seeks an increase in the sentencing tariff for causing death by dangerous driving.
Respondent
The respondent opposes the increase in the sentencing tariff.

05

Court’s reasoning

  1. 01

    Jersey criminal law

    Sentencing tariffs for causing death by dangerous driving may be reviewed and increased to reflect the seriousness of the offence.

06

Ratio, limits and disposition

Ratio decidendi

The court determined that the tariff for causing death by dangerous driving should be increased to reflect the gravity of the offence and to serve as a deterrent.

Court disposition

tariff increased

  • The sentencing tariff for causing death by dangerous driving is increased.

Source and reliance status

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Source document

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Judgment

Judgment

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