Jersey Judgment

Smaller v Att. Gen. [2001] JLR_Note 12 (21 February 2001)

Criminal Law Sentencing Mitigation Right to Be Heard

Status: Judgment
Jurisdiction: Jersey
Posture: Criminal / Sentencing

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Holding and result

A defendant must be afforded an opportunity to present mitigation before sentencing; failure to do so is a procedural irregularity.

Material facts

Parties

Smaller

Applicant

Attorney General

Respondent

Procedural history

Posture

Criminal / Sentencing

Questions and positions

Legal issues

Whether the defendant was given an opportunity to be heard in mitigation before sentencing

Party arguments

Applicant: The applicant contended that he was not given an opportunity to be heard in mitigation before sentence was passed.
Respondent: The respondent argued that the sentencing procedure was proper and the applicant had an opportunity to be heard.

Court’s reasoning

Legal principles

01
common law

A defendant must be given an opportunity to be heard in mitigation before sentence is passed.

Ratio, limits and disposition

Ratio decidendi

A defendant must be afforded an opportunity to present mitigation before sentencing; failure to do so is a procedural irregularity.

Source and reliance status

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Judgment

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