AG v Newell [2000] JRC 157 (04 August 2000)

AG v Newell [2000] JRC 157 (04 August 2000)

Both defendants bear equal responsibility for the joint enterprise offence; mitigating factors warrant some credit but do not outweigh the seriousness of the offence. Disparity argument rejected except for a small discount for youth for the co-accused.

Citation
[2000] JRC 157
Parties
Defendant: Newell; Co Defendant: Ford
Jurisdiction
Jersey
Judgment Date
04 August 2000
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Joint Enterprise, Sentencing, Mitigating Factors, Guilty Plea
Criminal Law Joint Enterprise Sentencing Mitigating Factors Guilty Plea

Case Brief

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Parties

Newell

Defendant

Ford

Co Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether both defendants bear equal responsibility for the joint enterprise offence
  2. 2 Appropriate sentence considering mitigating factors and disparity argument

Ratio Decidendi

Both defendants bear equal responsibility for the joint enterprise offence; mitigating factors warrant some credit but do not outweigh the seriousness of the offence. Disparity argument rejected except for a small discount for youth for the co-accused.

Court Disposition

convicted and sentenced

Orders

  • Newell sentenced to 15 months' imprisonment