McCarthy v Att. Gen. [2000] JLR 434 (11 December 2000)

McCarthy v Att. Gen. [2000] JLR 434 (11 December 2000)

The Magistrate is required to determine guilt or innocence and, upon finding guilt, assess whether sentencing powers are sufficient. If not, the Magistrate must commit the case for sentence by the Royal Court.

Citation
[2000] JLR 434
Parties
Applicant: McCarthy; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
11 December 2000
Procedural Posture
Criminal / Committal for Sentence
Outcome
committed for sentence by Royal Court
Legal Topics
Sentencing, Committal for Sentence, Magistrate's Court Powers
Criminal Law Sentencing Committal for Sentence Magistrate's Court Powers

Case Brief

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Parties

McCarthy

Applicant

Attorney General

Respondent

Procedural Posture

Criminal / Committal for Sentence

Legal Issues

  1. 1 Whether the Magistrate has power to commit for sentence under Magistrate's Court (Miscellaneous Provisions) (Jersey) Law 1949, art. 4A

Ratio Decidendi

The Magistrate is required to determine guilt or innocence and, upon finding guilt, assess whether sentencing powers are sufficient. If not, the Magistrate must commit the case for sentence by the Royal Court.

Court Disposition

committed for sentence by Royal Court

Orders

  • case committed for sentence by Royal Court