LG v Att. Gen. [2009] JLR 52 (04 March 2009)

LG v Att. Gen. [2009] JLR 52 (04 March 2009)

Youth detention for a female young offender is not ultra vires or unlawful despite lack of facilities and transfer to adult prison; the sentence remains youth detention, and the court may consider lack of facilities but sentencing power is not dependent on administrative decisions.

Citation
[2009] JLR 52
Parties
Applicant: LG; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
04 March 2009
Procedural Posture
Criminal Appeal / Judgment
Outcome
sentence upheld
Legal Topics
Sentencing, Youth Detention, Administrative Decisions
Criminal Law Sentencing Youth Detention Administrative Decisions

Case Brief

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Parties

LG

Applicant

Attorney General

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether youth detention for a female young offender is ultra vires or unlawful when no facilities exist at the young offender institution and the offender is transferred to the adult female wing of prison

Ratio Decidendi

Youth detention for a female young offender is not ultra vires or unlawful despite lack of facilities and transfer to adult prison; the sentence remains youth detention, and the court may consider lack of facilities but sentencing power is not dependent on administrative decisions.

Court Disposition

sentence upheld