Quinn v AG [2018] JRC 183 (03 October 2018)

Quinn v AG [2018] JRC 183 (03 October 2018)

There was sufficient evidence before the Magistrate to support her findings after the Newton hearing; the Magistrate was entitled to prefer the complainant's evidence, and the sentence imposed was not manifestly excessive or wrong in principle. No sense of unease or miscarriage of justice was found.

Citation
[2018] JRC 183
Parties
Appellant: Michael Quinn; Respondent: Attorney General; Complainant: Miss X
Jurisdiction
Jersey
Judgment Date
03 October 2018
Procedural Posture
Criminal Appeal / Appeal Against Sentence (duration) After Newton Hearing
Outcome
appeal dismissed
Legal Topics
Assault, Appeal Against Sentence, Newton Hearing, Evidential Assessment
Criminal Law Assault Appeal Against Sentence Newton Hearing Evidential Assessment

Case Brief

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Parties

Michael Quinn

Appellant

Attorney General

Respondent

Miss X

Complainant

Procedural Posture

Criminal Appeal / Appeal Against Sentence (duration) After Newton Hearing

Legal Issues

  1. 1 Whether the Magistrate's findings of fact after a Newton hearing were justified
  2. 2 Whether the sentence imposed was manifestly excessive or wrong in principle

Ratio Decidendi

There was sufficient evidence before the Magistrate to support her findings after the Newton hearing; the Magistrate was entitled to prefer the complainant's evidence, and the sentence imposed was not manifestly excessive or wrong in principle. No sense of unease or miscarriage of justice was found.

Court Disposition

appeal dismissed

Orders

  • Appeal against sentence (duration) dismissed
  • No variation of sentence