Att. Gen. v Muir [1989] JLR_Note 12b (31 July 1989)
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Sentencing
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court held that an examination of the accused's means is necessary before imposing a fine to prevent an excessive default sentence.
Court disposition
Guidance issued
02
Material facts
Parties
Attorney General
ApplicantMuir
Respondent03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
Whether the court must examine the accused's means before imposing a fine to avoid an excessive default sentence.
Party arguments
- Applicant
- The prosecution sought the imposition of a fine, with consideration of the accused's means to avoid an excessive default sentence.
- Respondent
- The respondent's means should be examined to ensure any default sentence is not excessive.
05
Court’s reasoning
Legal principles
- 01
Att. Gen. v Muir [1989] JLR_Note 12b
The court must examine the accused's means before imposing a fine to avoid an excessive default sentence.
06
Ratio, limits and disposition
Ratio decidendi
The court held that an examination of the accused's means is necessary before imposing a fine to prevent an excessive default sentence.
Court disposition
Guidance issued
Source and reliance status
Official court record
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Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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