Jersey Judgment

AG v Matson [2001] JRC 143 (06 July 2001)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

Custodial sentences are justified due to the defendant's repeated failure to respond to non-custodial penalties and the seriousness of the offences, making non-custodial penalties inappropriate.

Court disposition

convicted and sentenced

Orders

  • 18 months' youth detention on count 1
  • 3 months' youth detention on count 2
  • 12 months' youth detention on count 3
  • 9 months' youth detention on count 4
  • 12 months' youth detention on count 5
  • 1 month's youth detention on count 6
  • 12 months' youth detention on count 7
  • all sentences to be served concurrently
  • binding over order discharged
  • no compensation order made
  • forfeiture and destruction of drugs ordered

02

Material facts

Parties

Matson

Defendant

Crown Advocate

Prosecution Counsel: Crown Advocate

Amounts and remedies

  • Youth Detention (count 1): months 18
  • Youth Detention (count 2): months 3
  • Youth Detention (count 3): months 12
  • Youth Detention (count 4): months 9
  • Youth Detention (count 5): months 12
  • Youth Detention (count 6): months 1
  • Youth Detention (count 7): months 12

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

Party arguments

Applicant
Mitigating factors and guilty pleas should be considered in sentencing.
Respondent
The defendant has a history of failing to respond to non-custodial penalties and the seriousness of the offences justifies custody.

05

Court’s reasoning

  1. 01

    Criminal Justice (Young Offenders) (Jersey) Law 1994

    A custodial sentence may be imposed when non-custodial penalties have failed and the totality of offending is serious.

06

Ratio, limits and disposition

Ratio decidendi

Custodial sentences are justified due to the defendant's repeated failure to respond to non-custodial penalties and the seriousness of the offences, making non-custodial penalties inappropriate.

Obiter and limits

  • The court took into account guilty pleas and other mitigating factors, but found these were already reflected in the sentencing conclusions.

Court disposition

convicted and sentenced

  • 18 months' youth detention on count 1
  • 3 months' youth detention on count 2
  • 12 months' youth detention on count 3
  • 9 months' youth detention on count 4
  • 12 months' youth detention on count 5
  • 1 month's youth detention on count 6
  • 12 months' youth detention on count 7
  • all sentences to be served concurrently
  • binding over order discharged
  • no compensation order made
  • forfeiture and destruction of drugs ordered

Source and reliance status

Official court record

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Judgment reading view

Judgment text

The complete available source text.

Source document

Court record

Judgment

[2001] JRC 143

JUDGMENT THE BAILIFF: 1. Matson, stand up, please. You have pleaded guilty to offences, a number of which are serious. They were all committed whilst you were subject to a probation order imposed by this Court some six months ago when you were given an opportunity to make something of your life. You have squandered that opportunity and a custodial penalty is inevitable.

2. The Criminal Justice (Young Offenders) (Jersey) Law, 1994 requires me to explain why the Court is going to impose a custodial sentence. The reasons are that you have a history of failing to respond to non-custodial penalties and that the totality of the offending is so serious that a non-custodial penalty cannot be justified. I also have to explain to you that on your release you will be liable to be supervised by a probation officer or some other official.

3. We have taken into account in your favour your guilty pleas and the other mitigating factors mentioned by the Crown Advocate, but we think that all those have been taken into account in the conclusions. The conclusions are granted and, on count 1, you are sentenced to 18 months' youth detention; on count 2, to 3 months' youth detention; on count 3, to 12 months' youth detention; on count 4, to 9 months' youth detention; on count 5, to 12 months' youth detention; on count 6, to 1 month's youth detention; on count 7, to 12 months' youth detention, all those sentences to be served concurrently. We discharge the binding over order. We decline to make a compensation order and we order, in case it is necessary, the forfeiture and destruction of the drugs. Authorities. Criminal Justice (Young Offenders) (Jersey) Law 1994 AG-v-Rios & Others (11 th October 1996) Jersey Unreported AG-v-Pinto & Others (6 th September 1996) Jersey Unreported AG-v-McDonough Another (25 th October 1991) Jersey Unreported AG-v-Dowden & Jersey Others (6 th August 1992) Jersey Unreported AG-v- Bendell (19 th March 1999) Jersey Unreported [1999/154] AG-v-McCormick (16 th March 2001) Jersey Unreported [2001/64] AG-v- Wakeling & Another (23 rd April 1990) Jersey Unreported AG-v- Gaffeny (5 th June 1995) Jersey Unreported Page Last Updated: 20 Jun 2016 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

AG-v-Rios & Others (11th October 1996) Jersey Unreported

Case cited

AG-v-Pinto & Others (6th September 1996) Jersey Unreported

Case cited

AG-v-McDonough Another (25th October 1991) Jersey Unreported

Case cited

AG-v-Dowden & Jersey Others (6th August 1992) Jersey Unreported

Case cited

AG-v-Bendell (19th March 1999) Jersey Unreported [1999/154]

Case cited

AG-v-McCormick (16th March 2001) Jersey Unreported [2001/64]

Case cited

AG-v-Wakeling & Another (23rd April 1990) Jersey Unreported

Case cited

AG-v-Gaffeny (5th June 1995) Jersey Unreported

Case cited

Criminal Justice (Young Offenders) (Jersey) Law 1994

Legislation

Legislation referenced in the available case record.

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