1999/35 - Hansford v AG [1999] UR 35 (22 February 1999)

1999/35 - Hansford v AG [1999] UR 35 (22 February 1999)

The failure to allow the appellant or his counsel to make submissions in mitigation before imposing disqualification was a procedural error warranting the quashing of the original sentence and substitution of a lesser period of disqualification.

Source-derived case information.

Citation
[1999] UR 35
Parties
Appellant: Mr Hansford; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
22 February 1999
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Sentencing Procedure, Driving With Excess Alcohol, Right to Mitigation
Criminal Law Road Traffic Law Sentencing Procedure Driving With Excess Alcohol Right to Mitigation

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr Hansford

Appellant

Attorney General

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the appellant was denied the opportunity to mitigate before sentence of disqualification was imposed
  2. 2 Whether immediate disqualification before obtaining a social enquiry report is appropriate

Ratio Decidendi

The failure to allow the appellant or his counsel to make submissions in mitigation before imposing disqualification was a procedural error warranting the quashing of the original sentence and substitution of a lesser period of disqualification.

Court Disposition

appeal allowed

Orders

  • sentence of 30 months disqualification quashed
  • substituted with 24 months disqualification