Jersey Judgment

AG v Monet [2001] JRC 3A (05 January 2001)

On this page

Professional case brief

Research organized from the available case record

Source document

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

Defendant

Crown

Prosecution Counsel: Crown Advocate

Amounts and remedies

  • Probation Period (years): 3

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

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

  1. 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.

  2. 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.

Source document

Court record

Judgment

[2001] JRC 3A

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

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

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

A. G. -v- Mallet (24th May, 2000) Jersey Unreported

Case cited

A. G. -v- Cabot (31st March, 2000) Jersey Unreported

Case cited

A. G -v- Monet (24th January, 1997) Jersey Unreported

Case cited

A. G -v- Lenton & Fellon (10th July, 1992) Jersey Unreported

Case cited

Archbold (2000 Ed'n): p.2262: para 28

Case cited

Case-aware research

Ask AI about this case

The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.

About this LexChat collection

This page organizes the available case record for research. Verify quotations, current status, and subsequent treatment against the source document. Corrections can be reported to hello@esheria.ai.

Legal information, not legal advice. Research summaries do not replace the judgment.