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
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Parties
Smaller
Applicant
Attorney General
Respondent
Procedural Posture
Criminal / Sentencing
Legal Issues
- 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
Full Case Text
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