Cooper -v- AG [2013] JRC 085A (07 May 2013)

Cooper -v- AG [2013] JRC 085A (07 May 2013)

The sentence of 5 years' disqualification was not manifestly excessive given the seriousness of the offence and prior conviction; the custodial sentence for the child neglect offence was set aside and replaced with a fine as a non-custodial sentence was more appropriate in the circumstances.

Citation
[2013] JRC 085A
Parties
Appellant: Miss Cooper; Respondent: The Crown
Jurisdiction
Jersey
Judgment Date
07 May 2013
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal against sentence for driving offences dismissed; appeal against sentence for child neglect offence allowed in part
Legal Topics
Driving With Excess Alcohol, Dangerous Driving, Child Neglect, Sentencing, Appeal Out of Time
Criminal Law Child Law Road Traffic Law Driving With Excess Alcohol Dangerous Driving Child Neglect Sentencing Appeal Out of Time

Case Brief

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Parties

Miss Cooper

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether leave to appeal out of time should be granted
  2. 2 Whether the sentence of 5 years' disqualification was manifestly excessive
  3. 3 Whether the custodial sentence for the child neglect offence was appropriate

Ratio Decidendi

The sentence of 5 years' disqualification was not manifestly excessive given the seriousness of the offence and prior conviction; the custodial sentence for the child neglect offence was set aside and replaced with a fine as a non-custodial sentence was more appropriate in the circumstances.

Court Disposition

appeal against sentence for driving offences dismissed; appeal against sentence for child neglect offence allowed in part

Orders

  • Leave to appeal out of time granted
  • Sentence of 1 month's imprisonment for child neglect offence set aside and replaced with £400 fine or 1 month imprisonment in default