Jersey Judgment

Green v Att. Gen. [2003] JLR 418 (18 July 2003)

Criminal Law Sentencing Imprisonment Calculation of Sentence Commencement

Citation: [2003] JLR 418
Status: Judgment
Jurisdiction: Jersey
Posture: Criminal Appeal / Judgment

More details

Posture: Criminal Appeal / Judgment

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Professional case brief

Research organized from the available case record

Source document

Holding and result

The court held that there is no automatic right for the court to exercise discretion under the relevant statute regarding disregarding time spent in prison as 'specially treated' as appellant.

Court disposition

appeal dismissed

Material facts

Parties

Green

Appellant

Attorney General

Respondent

Procedural history

Posture

Criminal Appeal / Judgment

Questions and positions

Legal issues

Whether there is an automatic right for the court to exercise discretion under Court of Appeal (Jersey) Law 1961, art. 35(4) regarding disregarding time in prison 'specially treated' as appellant

Party arguments

Applicant: Appellant contended for an automatic right to have the court exercise discretion in favour of not disregarding time spent in prison as 'specially treated' as appellant.
Respondent: Respondent argued there is no automatic right under the relevant statute for such discretion to be exercised.

Court’s reasoning

Legal principles

01
Court of Appeal (Jersey) Law 1961, art. 35(4)

No automatic right exists for the court to exercise discretion under Court of Appeal (Jersey) Law 1961, art. 35(4) in favour of not disregarding time in prison 'specially treated' as appellant.

Ratio, limits and disposition

Ratio decidendi

The court held that there is no automatic right for the court to exercise discretion under the relevant statute regarding disregarding time spent in prison as 'specially treated' as appellant.

Court disposition

appeal dismissed

Source and reliance status

Official court record

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Judgment text

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Source document

Court record

Judgment

[2003] JLR 418

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Court of Appeal (Jersey) Law 1961, art. 35(4)

Legislation

Legislation referenced in the available case record.

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