Harrison v Att. Gen. [2004] JLR 111 (16 March 2004)
- Citation
- [2004] JLR 111
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal Appeal / Judgment
More details
- Posture
- Criminal Appeal / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
While not mandatory or required by the European Convention, the use of starting points in sentencing is preferable as it promotes transparency, consistency, and proper mitigation.
Court disposition
guidance issued
02
Material facts
Parties
Harrison
ApplicantAttorney General
Respondent03
Procedural history
Posture
Criminal Appeal / Judgment
04
Questions and positions
Legal issues
- 01
Whether sentencing courts should use starting points for all offences
- 02
Whether use of starting points is required by the European Convention
Party arguments
- Applicant
- The use of starting points in sentencing should be adopted for all offences to ensure transparency, consistency, and proper mitigation, such as for guilty pleas.
- Respondent
- The use of starting points is not required by the European Convention and is not otherwise mandatory.
05
Court’s reasoning
Legal principles
- 01
Jersey Law Reports [2004] JLR 111
Preferable to use starting points for all offences as it makes sentencing more transparent, aids consistency, and ensures adequate discount for mitigation.
- 02
Jersey Law Reports [2004] JLR 111
Use of starting points is not required by the European Convention and is not otherwise mandatory.
06
Ratio, limits and disposition
Ratio decidendi
While not mandatory or required by the European Convention, the use of starting points in sentencing is preferable as it promotes transparency, consistency, and proper mitigation.
Court disposition
guidance issued
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Harrison v Att. Gen. [2004] JLR 111 (16 March 2004) URL: https://www.bailii.org/je/cases/JLR/2004/JLR040111.html Cite as: [2004] JLR 111 [ New search ] [ Help ] Harrison v Att. Gen. 2004 JLR 111 (16 March 2004) Criminal Procedure-sentence-sentencing principles-starting points-preferable to use starting points for all offences as (a) makes sentencing more transparent; (b) aids consistency; and (c) ensures adequate discount made for mitigation, e.g. guilty plea-not required by European Convention and not otherwise mandatory but sentencing court's reasoning to be clear The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2004 JLR 111 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2004/JLR040111.html
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