1998/251 - AG v Baker [1998] UR 251 (10 December 1998)

Given the accused has already spent ten weeks in custody and the victim suffered no ill effects, the sentence is reduced to time served to achieve justice.

Citation: [1998] UR 251
Parties: Prosecutor: Attorney General; Defendant: Unnamed Accused
Jurisdiction: Jersey
Judgment Date: 10 December 1998
Procedural Posture: Criminal Appeal / Appellate
Outcome: sentence reduced
Legal Topics: Sentencing, Public Order Offences, Appeal Against Sentence

Criminal Law Sentencing Public Order Offences Appeal Against Sentence

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Parties

Attorney General

Prosecutor

Unnamed Accused

Defendant

Procedural Posture

Criminal Appeal / Appellate

Legal Issues

1 Whether the sentence imposed by the Magistrate was appropriate given the circumstances of the offence and the time already served in custody

Ratio Decidendi

Given the accused has already spent ten weeks in custody and the victim suffered no ill effects, the sentence is reduced to time served to achieve justice.

Court Disposition

sentence reduced

Orders

Sentence reduced from four months to ten weeks' custody, resulting in immediate release of the accused.