Att. Gen. v Teahan [1976] JJ 409 (16 November 1976)

Att. Gen. v Teahan [1976] JJ 409 (16 November 1976)

The court held that imprisonment in default of payment of a fine does not constitute a 'term of imprisonment' for the purposes of the statutory maximum, and therefore a six-month sentence of imprisonment may be ordered consecutive to imprisonment in default of fine without exceeding the court's sentencing powers.

Citation
[1976] JJ 409
Parties
Applicant: Attorney General; Respondent: Teahan
Jurisdiction
Jersey
Judgment Date
16 November 1976
Procedural Posture
Criminal / Appellate
Outcome
appeal allowed
Legal Topics
Sentencing, Imprisonment in Default of Fine, Magistrate's Court (miscellaneous Provisions) (jersey) Law 1949
Criminal Law Sentencing Imprisonment in Default of Fine Magistrate's Court (miscellaneous Provisions) (jersey) Law 1949

Case Brief

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Parties

Attorney General

Applicant

Teahan

Respondent

Procedural Posture

Criminal / Appellate

Legal Issues

  1. 1 Whether imprisonment in default of payment of a fine constitutes a 'term of imprisonment' for the purposes of Magistrate's Court (Miscellaneous Provisions) (Jersey) Law 1949, art. 4(1) and first proviso, as amended
  2. 2 Whether the court may order a six-month sentence of imprisonment consecutive to imprisonment in default of fine without exceeding maximum sentencing powers under art. 4(1)

Ratio Decidendi

The court held that imprisonment in default of payment of a fine does not constitute a 'term of imprisonment' for the purposes of the statutory maximum, and therefore a six-month sentence of imprisonment may be ordered consecutive to imprisonment in default of fine without exceeding the court's sentencing powers.

Court Disposition

appeal allowed

Orders

  • Court may order six-month sentence of imprisonment consecutive to imprisonment in default of fine without exceeding maximum sentencing powers under art. 4(1)