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
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Parties
Attorney General
Prosecution
O'Brien
Defendant
Procedural Posture
Criminal / Sentencing
Legal Issues
- 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
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