THE Court of Appeal has recommended that the Royal Court use ’starting points’ in all criminal cases in a landmark judgment published on Friday.
The court, comprising Deputy Bailiff Michael Birt and four Court of Appeal judges, said that by using starting points given by Crown Advocates to show what sentence a defendant would receive for an offence in the absence of any mitigation, they could make the sentencing process clearer and more open.But while the court maintained their right to make binding rulings on the Royal Court, they emphasised that their suggestion that the court use starting points in every case was not such a ruling.The judgment was delivered in the appeal of Richard Harrison against his 3 1/2-year sentence for committing a grave and criminal assault on a man in St Aubin five years ago.They granted a reduction on his sentence for contempt of court by fleeing to Spain midway through the prosecution, but upheld the overall 3 1/2-year sentence.
Article posted on 22nd March, 2004 - 12.00am
Most Commented: