Att. Gen. v O'Brien [2003] JLR_Note 34 (31 July 2003)

Att. Gen. v O'Brien [2003] JLR_Note 34 (31 July 2003)

The court held that the motive of the prosecution is not a mitigating factor in sentencing.

Parties
Prosecution: Attorney General; Defendant: O'Brien
Jurisdiction
Jersey
Judgment Date
31 July 2003
Procedural Posture
Criminal / Sentencing
Outcome
motive of prosecution not accepted as mitigation
Legal Topics
Sentencing, Mitigation, Prosecutorial Motive

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Attorney General

Prosecution

O'Brien

Defendant

Procedural Posture

Criminal / Sentencing

  1. 1 Whether the motive of the prosecution can be considered as mitigation in sentencing

Ratio Decidendi

The court held that the motive of the prosecution is not a mitigating factor in sentencing.

Court Disposition

motive of prosecution not accepted as mitigation