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

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

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

Parties
Applicant: Smaller; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
21 February 2001
Procedural Posture
Criminal / Sentencing
Outcome
not available
Legal Topics
Sentencing, Mitigation, Right to Be Heard

Case Brief

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Parties

Smaller

Applicant

Attorney General

Respondent

Procedural Posture

Criminal / Sentencing

  1. 1 Whether the defendant was given an opportunity to be heard in mitigation before sentencing

Ratio Decidendi

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

Court Disposition

not available