AG -v- Maton [2016] JRC 148 (26 August 2016)
- Citation
- [2016] JRC 148
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Sentencing Judgment
More details
- Posture
- Criminal / Sentencing Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Due to defendant's youth, lower amount involved, opportunistic nature of offences, and community interest, custodial sentence not imposed; community service and probation ordered instead.
Court disposition
non-custodial sentence imposed
Orders
- 18 months probation
- 300 hours community service
- notification requirements under Sex Offenders (Jersey) Law 2010 for minimum 5 years
- restraining orders prohibiting being alone with males under 16 for 5 years
- driving disqualification for 6 months
- no order for costs
02
Material facts
Parties
Mr Maton
DefendantCrown
Prosecutor Counsel: Advocate BoothmanAmounts and remedies
- Amount Obtained by Fraud: GBP 2,068.19
- Attempted Claim Value: GBP 1,017
- Community Service Hours: 300
- Probation Period: months 18
- Driving Disqualification Period: months 6
03
Procedural history
Posture
Criminal / Sentencing Judgment
04
Questions and positions
Legal issues
- 01
appropriate sentencing for indecent assault
- 02
appropriate sentencing for obtaining money or goods by false pretences
- 03
appropriate sentencing for driving uninsured
- 04
imposition of restraining orders under Sex Offenders Law
Party arguments
- Applicant
- Advocate Boothman argued for non-custodial sentence citing Kirkland-v-AG, emphasizing the lower end of the scale and youth of the defendant.
- Respondent
- Crown requested restraining orders and highlighted seriousness of dishonesty and risk posed by defendant.
05
Court’s reasoning
Legal principles
- 01
Kirkland-v-AG 2001/200
Court may impose non-custodial sentence at lower end of scale without finding exceptional circumstances.
- 02
Sex Offenders (Jersey) Law 2010
Notification requirements under Sex Offenders (Jersey) Law 2010 apply automatically upon guilty plea.
- 03
Motor Traffic (Third Party Insurance)(Jersey) Law 1948
Driving uninsured is extremely serious and may warrant custodial sentence.
06
Ratio, limits and disposition
Ratio decidendi
Due to defendant's youth, lower amount involved, opportunistic nature of offences, and community interest, custodial sentence not imposed; community service and probation ordered instead.
Obiter and limits
- Court has concerns about defendant's approach to honesty.
- Sentence individualized due to employment, age, and efforts to get life back together.
Court disposition
non-custodial sentence imposed
- 18 months probation
- 300 hours community service
- notification requirements under Sex Offenders (Jersey) Law 2010 for minimum 5 years
- restraining orders prohibiting being alone with males under 16 for 5 years
- driving disqualification for 6 months
- no order for costs
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