AG v Monet [2001] JRC 3A (05 January 2001)
- Citation
- [2001] JRC 3A
- 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
Despite the seriousness of the offences, the Court imposed probation due to the defendant's youth, history, rehabilitative prospects, and strong probation officer recommendation.
Court disposition
probation order
Orders
- Monet placed on probation for three years for both offences, subject to usual conditions and additional requirements to attend the SMART programme, aggression control training group, and alcohol study group.
02
Material facts
Parties
Monet
DefendantCrown
Prosecution Counsel: Crown AdvocateAmounts and remedies
- Probation Period (years): 3
03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
Appropriate sentence for grave and criminal assault and attempt to pervert the course of justice
- 02
Consideration of probation versus custodial sentence
Party arguments
- Applicant
- Monet's background, youth, history of detention, aggression control issues, family support, and strong probation officer recommendation support a non-custodial sentence.
- Respondent
- The offences are very serious and warrant a substantial prison sentence due to aggravating features.
05
Court’s reasoning
Legal principles
- 01
Archbold (2000 Ed'n): p.2262: para 28
Serious offences generally warrant substantial custodial sentences, but rehabilitation and prospects for reform may justify probation in exceptional cases.
- 02
A. G. -v- Mallet (24th May, 2000) Jersey Unreported
Court may impose probation with conditions in lieu of immediate custody where strong rehabilitative prospects exist.
06
Ratio, limits and disposition
Ratio decidendi
Despite the seriousness of the offences, the Court imposed probation due to the defendant's youth, history, rehabilitative prospects, and strong probation officer recommendation.
Obiter and limits
- The defendant must address aggression control issues and take advantage of probation support.
- Failure to comply with probation will result in being brought back before the Court for further punishment.
Court disposition
probation order
- Monet placed on probation for three years for both offences, subject to usual conditions and additional requirements to attend the SMART programme, aggression control training group, and alcohol study group.
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. Monet was convicted by the unanimous verdict of the Jury of grave and criminal assault upon a fellow prisoner at the young offenders institution and of an attempt to pervert the course of justice in relation to that grave and criminal assault. These are very serious offences. The grave and criminal assault was, we have no doubt, another punishment beating where the defendant's aggression was taken out upon a fellow prisoner who had provoked him.
2. There is no doubt that a substantial prison sentence is deserved for all the reasons given by the Crown Advocate.
3. Monet, the Court, by a majority, is going to take an unusual course this afternoon, notwithstanding all the aggravating features of the case of which we think you are well aware. We are going to take that course because you have spent so much of your youth in detention; because you have problems controlling your aggression which you must address; and, most of all, because we have a strong recommendation from an experienced probation officer that, with the help of the Probation Service, you can make something of your life. You have the support of your family which is something else upon which you can build.
4. The Court must warn you that if you fail to take advantage of the offer which the Court is going to give you, you will be liable to be brought back before this Court and punished again for the offences of which you have been convicted. However, we want you to look forward and not backwards and we want you to make something of yourself.
5. We are going to place you on probation for a period of three years in respect of both the offences of which you have been convicted, subject to all the usual conditions and subject to the additional conditions that you will attend the SMART programme, the aggression control training group and the alcohol study group. Authorities . A. G. -v- Mallet (24 th May, 2000) Jersey Unreported. A. G. -v- Cabot (31 st March, 2000) Jersey Unreported. A. G -v- Monet (24 th January, 1997) Jersey Unreported. A. G -v- Lenton & Fellon (10 th July, 1992) Jersey Unreported. Archbold (2000 Ed'n): p.2262: para 28. Page Last Updated: 19 Aug 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
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