AG v Munks [2001] JRC 111 (18 May 2001)

JUDGMENT THE BAILIFF: 1. The sentences for which the Crown Advocate has moved are right and proper sentences for the offences which you have admitted. We are, however, going to reduce the conclusions for three reasons. First, we have read from the reports that you are a bright lad, that you have something to offer the community, and we hope that you will respond to the mercy which the Court is going to show in a rather more positive way than you did when you were placed on probation by the Magistrate's Court in February of this year. Secondly, we take account of what your Counsel has told us in relation to the grave and criminal assault and in particular to your feelings of guilt towards O'Reilly and your decision not to press charges against him. You are entitled to credit for that. Thirdly, we take account of the fact that you have not served a long prison sentence before, although you have a bad record and we are, therefore, going to place more reliance on the totality factor than did the Crown Advocate.

2. The result of all that is that you will be sentenced on count 1 on the indictment to 3 months' Youth Detention and on count 2 of the indictment, for the grave and criminal assault, to twelve months' Youth Detention consecutive and on the 9 charges for which you are in breach of probation, you will be sentenced on charge 1 to 2 months' Youth Detention, on charge 2 to 2 months', on charges 3, 4, 5, 6, 7, 8 and 9 to 3 months' Youth Detention. All those sentences to run concurrently with each other, but consecutively to the first indictment, making a total of 18 months' Youth Detention. We also order that you be disqualified from holding a driving licence for 18 months on those charges for which the Crown Advocate has moved and we order the forfeiture and destruction of the drugs and we hope that you will take advantage of the facilities in the prison to crack your dependency on drugs and to make something of your life when you come out. We discharge the probation order. Authorities A. G.-v-Corcoran and Sutcliffe (22 nd April, 1998) Jersey Unreported. A. G.-v-Wilkie (2 nd March, 2000) Jersey Unreported. A. G.-v-Johnson (2 nd December, 1996) Jersey Unreported. A. G. -v-Harris and Ors (30 th January, 1998) Jersey Unreported. A. G.-v-Prior and Ors (25 th November, 1994) Jersey Unreported. Page Last Updated: 19 Aug 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII