Clarkin v Att. Gen. [1991] JLR 213 (03 July 1991)

Clarkin v Att. Gen. [1991] JLR 213 (03 July 1991)

Appeal against sentence is not permitted solely for minor differences in judgment unless comparison between sentences is exceptionally inevitable, such as when sentences are deferred to await guidelines and then passed on the same day.

Citation
[1991] JLR 213
Parties
Appellant: Clarkin; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
03 July 1991
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sentencing, Appeals
Criminal Law Sentencing Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Clarkin

Appellant

Attorney General

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether appeal against sentence should be allowed for small differences of judgment
  2. 2 Whether comparison between two sentences justifies appeal

Ratio Decidendi

Appeal against sentence is not permitted solely for minor differences in judgment unless comparison between sentences is exceptionally inevitable, such as when sentences are deferred to await guidelines and then passed on the same day.

Court Disposition

appeal dismissed