AG -v- McCabe 5-May-2006 [2006] JRC 069 (05 May 2006)

AG -v- McCabe 5-May-2006 [2006] JRC 069 (05 May 2006)

A sentence of 9 months' imprisonment is appropriate to reflect the seriousness of absconding and to deter evasion of justice.

Citation
[2006] JRC 069
Parties
Defendant: Defendant; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
05 May 2006
Procedural Posture
Contempt of Court / Sentencing
Outcome
Defendant sentenced to 9 months' imprisonment; costs in discontinued proceedings awarded to defence except for costs incurred due to absconding.
Legal Topics
Sentencing for Contempt, Absconding From Justice
Criminal Law Contempt of Court Sentencing for Contempt Absconding From Justice

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Parties

Defendant

Defendant

Attorney General

Prosecutor

Procedural Posture

Contempt of Court / Sentencing

Legal Issues

  1. 1 Whether a sentence exceeding 12 months is permissible for contempt in Jersey
  2. 2 Appropriate sentence for absconding and evading justice

Ratio Decidendi

A sentence of 9 months' imprisonment is appropriate to reflect the seriousness of absconding and to deter evasion of justice.

Court Disposition

Defendant sentenced to 9 months' imprisonment; costs in discontinued proceedings awarded to defence except for costs incurred due to absconding.

Orders

  • 9 months' imprisonment for contempt of court
  • Costs in discontinued proceedings awarded to defence, excluding costs incurred due to absconding