Speirs v AG [2002] JRC 185 (09 October 2002)

Speirs v AG [2002] JRC 185 (09 October 2002)

There was no evidential basis for the statutory precondition that alcohol was a contributory factor in the offence; therefore, the exclusion order was wrong in principle and must be discharged.

Citation
[2002] JRC 185
Parties
Appellant: Brian Speirs; Respondent: The Crown
Jurisdiction
Jersey
Judgment Date
09 October 2002
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Assault, Sentencing, Exclusion Orders, Licensed Premises
Criminal Law Assault Sentencing Exclusion Orders Licensed Premises

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Brian Speirs

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the statutory preconditions for making an exclusion order under Article 2(1) of the Licensed Premises (Exclusion of Certain Persons)(Jersey) Law were met
  2. 2 Whether the exclusion order was appropriate given the appellant's employment needs

Ratio Decidendi

There was no evidential basis for the statutory precondition that alcohol was a contributory factor in the offence; therefore, the exclusion order was wrong in principle and must be discharged.

Court Disposition

appeal allowed

Orders

  • exclusion order discharged
  • appellant awarded costs