Cooper v AG [2001] JRC 6 (10 January 2001)

Cooper v AG [2001] JRC 6 (10 January 2001)

The Royal Court erroneously attributed delay to the appellant; substantial unexplained delay not attributable to her, combined with mitigation including her role as principal carer and limited amount, justified substituting probation and community service for imprisonment.

Citation
[2001] JRC 6
Parties
Applicant: Candia Cooper; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
10 January 2001
Procedural Posture
Criminal Appeal / Leave to Appeal and Substantive Appeal
Outcome
leave to appeal granted; appeal allowed
Legal Topics
Larceny, Breach of Trust, Sentencing, Delay in Prosecution, Probation, Community Service
Criminal Law Larceny Breach of Trust Sentencing Delay in Prosecution Probation Community Service

Case Brief

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Parties

Candia Cooper

Applicant

Attorney General

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal and Substantive Appeal

Legal Issues

  1. 1 Whether the Crown Advocate's language and conduct during sentencing breached prosecutorial duties
  2. 2 Whether delay in prosecution should mitigate sentence
  3. 3 Appropriateness of custodial sentence given mitigating factors

Ratio Decidendi

The Royal Court erroneously attributed delay to the appellant; substantial unexplained delay not attributable to her, combined with mitigation including her role as principal carer and limited amount, justified substituting probation and community service for imprisonment.

Court Disposition

leave to appeal granted; appeal allowed

Orders

  • prison sentence quashed
  • appellant placed on probation for 12 months