Att. Gen. v Gallichan [1982] JLR 249 (06 December 1982)

Att. Gen. v Gallichan [1982] JLR 249 (06 December 1982)

A magistrate lacks the authority to remand a defendant to a higher court for sentencing when a probation order is breached.

Citation
[1982] JLR 249
Parties
Applicant: Attorney General; Respondent: Gallichan
Jurisdiction
Jersey
Judgment Date
06 December 1982
Procedural Posture
Criminal / Appeal
Outcome
appeal dismissed
Legal Topics
Bail, Remand, Probation Order, Sentencing Powers
Criminal Law Criminal Procedure Bail Remand Probation Order Sentencing Powers

Case Brief

Summary, issues, holding and outcome

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Parties

Attorney General

Applicant

Gallichan

Respondent

Procedural Posture

Criminal / Appeal

Legal Issues

  1. 1 Whether a magistrate has the power to remand a defendant to a higher court for sentencing upon breach of a probation order

Ratio Decidendi

A magistrate lacks the authority to remand a defendant to a higher court for sentencing when a probation order is breached.

Court Disposition

appeal dismissed

Orders

  • Magistrate has no power to remand to higher court for sentencing on breach of probation order