AG -v- Matson [2015] JRC 143 (30 June 2015)
- Citation
- [2015] JRC 143
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Sentencing
More details
- Posture
- Criminal / Sentencing
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Assault on a prison officer is aggravated due to the victim's status, warranting severe punishment; sentences imposed reflect seriousness of offences and remission policy.
Court disposition
conviction and sentencing
Orders
- 1 week's imprisonment for drunk and disorderly
- 2 weeks' imprisonment concurrent for obstruction
- 8 months' imprisonment consecutive for assault on prison officer
- remission of one third of sentence
- immediate release from custody
02
Material facts
Parties
Attorney General
Applicant Counsel: Crown AdvocateUnnamed Defendant
RespondentAmounts and remedies
- Imprisonment for Drunk and Disorderly: weeks 1
- Imprisonment for Obstruction: weeks 2
- Imprisonment for Assault on Prison Officer: months 8
- Total Imprisonment: months 8.5
03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
appropriate sentencing for drunk and disorderly conduct
- 02
appropriate sentencing for obstruction
- 03
appropriate sentencing for assault on prison officer
- 04
remission of sentence
Party arguments
- Applicant
- Moved for conclusions including imprisonment for drunk and disorderly, obstruction, and assault on prison officer.
- Respondent
- Expressed remorse for assault, citing medical difficulties as partial motivation.
05
Court’s reasoning
Legal principles
- 01
Court's reasoning
Prison officers are entitled to the Court's protection; assaults on prison officers are treated as more serious.
- 02
Court's reasoning
Remission of one third of sentence for time served.
06
Ratio, limits and disposition
Ratio decidendi
Assault on a prison officer is aggravated due to the victim's status, warranting severe punishment; sentences imposed reflect seriousness of offences and remission policy.
Obiter and limits
- Prison officers have a difficult job and must be protected by the Court.
- Publicity of sentencing remarks should reinforce protection for prison officers.
Court disposition
conviction and sentencing
- 1 week's imprisonment for drunk and disorderly
- 2 weeks' imprisonment concurrent for obstruction
- 8 months' imprisonment consecutive for assault on prison officer
- remission of one third of sentence
- immediate release from custody
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
JUDGMENT THE BAILIFF: 1. The Court is going to grant the conclusions which have been moved for by the Crown Advocate on behalf of the Attorney General.
2. Accordingly you are sentenced to 1 week's imprisonment on Count 1, being the charge of drunk and disorderly, 2 weeks' imprisonment, concurrent on Count 2, being the charge of obstruction, and 8 months' imprisonment, consecutive on Count 3, which makes a total of 8 months' and 2 weeks' imprisonment. That you have already served, in the sense that you will get remission of one third against that sentence. Accordingly, you are released immediately from custody as far as this Court is concerned.
3. I just wish to say something further for the sake of the record which I ought to say and that is this. You have committed an assault on a prison officer in Jersey and you have already expressed some remorse for that assault because, as you said straight away, you cannot believe that you did that because you liked him. It is absolutely clear that part of the motivation for that assault must have arisen from the medical difficulties from which you suffer. But it is important to recognise, for the record, that prison officers are entitled to the Court's protection. They have a difficult job to do and prisoners, all prisoners, must appreciate that if they assault a prison officer there will be severe punishment. The fact that the victim of an assault is a prison officer makes the assault itself more serious and on this occasion you delivered kicks and attempted to deliver punches to him. That does not affect the sentence we have just imposed, it is as I have indicated but it is important for the purposes of the publicity which is given in Jersey to the sentence imposed that those who read the sentencing remarks realise that prison officers will get protection from this Court. You are sentenced accordingly. Authorities Harrison-v-AG [2004] JLR 111 . AG-v-Letchford 2000/173A. Page Last Updated: 27 Sep 2016 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
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