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Jersey Case Law

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Criminal law [2022] JCA 278

Le Lay v HM Attorney General

Le Lay v HM Attorney General [2022] JCA 278 (15 December 2022)

The Court of Appeal reduced Shawn Le Lay’s sentence from 5 years 6 months to 5 years after finding he was wrongly denied the chance to make mitigation before sentence.

  • Sentencing
  • Procedural fairness
  • Judicial recusal
  • Legal aid
  • Mitigation
  • Mental health in sentencing
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Criminal law [2022] JRC 032

AG v Killen

AG v Killen [2022] JRC 032 (04 February 2022)

Sentencing for a drunk bottle assault. The court found exceptional mitigation, including autism, ADHD, remorse, and good character, and imposed community service instead of custody.

  • Assault
  • Sentencing
  • Compensation
  • Community service
  • Mental health in sentencing
  • Compensation-orders
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Criminal law [2022] JRC 006

AG v Downey

AG v Downey [2022] JRC 006 (05 January 2022)

The Jersey Royal Court sentenced Sean Downey to 3 years youth custody for attempted robbery with a broken bottle, finding custody necessary despite mitigation.

  • Attempted robbery
  • Youth detention
  • Sentencing
  • Mental health in sentencing
  • Attempted-robbery
  • Youth-justice
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Criminal law [2020] JRC 042A

AG v Hall

AG v Hall [2020] JRC 042A (06 March 2020)

Sentencing for an assault on a prison officer with a razor. The court imposed 12 months’ custody, stressing protection for prison staff despite mitigation.

  • Assault
  • Offences against the person
  • Prison offences
  • Sentencing
  • Mental health in sentencing
  • Prison-offences
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Criminal law [2017] JRC 119

AG -v- Bradshaw

AG -v- Bradshaw [2017] JRC 119 (28 July 2017)

Sentencing for prolonged social security fraud. Despite guilty plea, remorse, and depression evidence, the court imposed a custodial sentence of 2 years.

  • Social security fraud
  • Sentencing
  • Mitigation
  • Mental health in sentencing
  • Social-security-fraud
  • Mental-health-mitigation
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Criminal law [2005] JRC 093

AG -v- Herivel

AG -v- Herivel [2005] JRC 093 (08 July 2005)

Sentencing judgment for a breach of trust by a transport manager who stole employer funds. The court found exceptional circumstances and imposed probation and community service.

  • Breach of trust
  • Sentencing
  • Exceptional circumstances
  • Mental health in sentencing
  • Breach-of-trust
  • Exceptional-circumstances
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Criminal law [2004] JRC 099

AG v Capuano

AG v Capuano [2004] JRC 099 (07 June 2004)

Sentencing judgment in which the court declined to adopt a starting-point mechanism generally for non-drug cases, but applied separate starting points for multiple serious offences.

  • Sentencing
  • Starting point mechanism
  • Totality principle
  • Mental health in sentencing
  • Assault
  • Robbery
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