Warder v AG [2001] JRC 113 (21 May 2001)

Warder v AG [2001] JRC 113 (21 May 2001)

The six month prison sentence was quashed because it was out of proportion to the offence and improperly motivated by the desire to provide treatment; only sentences proportionate to the crime are permissible.

Citation
[2001] JRC 113
Parties
Appellant: Mr Warder; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
21 May 2001
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Sentencing, Breach of the Peace, Probation Orders
Criminal Law Sentencing Breach of the Peace Probation Orders

Case Brief

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Parties

Mr Warder

Appellant

Attorney General

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the six month prison sentence for breach of the peace was excessive and improperly motivated by treatment considerations

Ratio Decidendi

The six month prison sentence was quashed because it was out of proportion to the offence and improperly motivated by the desire to provide treatment; only sentences proportionate to the crime are permissible.

Court Disposition

appeal allowed

Orders

  • sentence quashed
  • four month probation order imposed