AG -v- Munks [2005] JRC 153 (04 November 2005)
- Citation
- [2005] JRC 153
- 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 offence and the defendant's record, the court imposed probation and treatment orders due to the defendant's genuine commitment to rehabilitation, lack of prior probation or treatment orders, and time already served.
Court disposition
probation and treatment orders imposed; driving disqualification; forfeiture and destruction of drugs
Orders
- Probation Order for 18 months
- Treatment Order with Drug and Alcohol Service on usual conditions
- Driving disqualification for 18 months
- Forfeiture and destruction of drugs
02
Material facts
Parties
Unknown Defendant
Defendant Counsel: Miss JusteAmounts and remedies
- Probation Order Duration: 18
- Driving Disqualification Duration: 18
- Time Served (months): 6
03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
appropriate sentence for possession of heroin given prior record
- 02
whether to impose probation and treatment orders instead of immediate imprisonment
Party arguments
- Applicant
- The defendant is determined to overcome addiction, has potential for rehabilitation, and has not previously had the benefit of probation or treatment orders. The defendant has already served the equivalent of a six-month sentence.
- Respondent
- Possession of this amount of heroin with the defendant's record typically results in imprisonment.
05
Court’s reasoning
Legal principles
- 01
AG v Schlandt [1999] JRC166
Possession of significant quantities of heroin with a criminal record generally results in imprisonment.
- 02
Whelan: Aspects of Sentencing in the Superior Courts of Jersey (2nd Ed'n): pp. 165-180
Sentencing should consider prospects for rehabilitation and previous access to probation or treatment orders.
06
Ratio, limits and disposition
Ratio decidendi
Despite the seriousness of the offence and the defendant's record, the court imposed probation and treatment orders due to the defendant's genuine commitment to rehabilitation, lack of prior probation or treatment orders, and time already served.
Obiter and limits
- The defendant has potential and opportunities for employment if addiction is overcome.
- Failure to comply with orders or re-offending will likely result in imprisonment.
Court disposition
probation and treatment orders imposed; driving disqualification; forfeiture and destruction of drugs
- Probation Order for 18 months
- Treatment Order with Drug and Alcohol Service on usual conditions
- Driving disqualification for 18 months
- Forfeiture and destruction of drugs
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 DEPUTY BAILIFF: 1. Anyone who is in possession of this amount of heroin with your record goes to prison. But the Court is impressed with the Reports from the Probation Service and Mr Gafoor, Drug and Alcohol Service, which suggest that you really are determined to conquer your addiction and you want to start a new life with your fiancée. You clearly have potential, you did well at school, you achieved A levels and started at University. You have all sorts of possibilities before you in terms of employment, but you will not really succeed in fulfilling your potential unless you can get over this heroin addiction.
2. We accept that you have never had the benefit of a Probation Order or a Treatment Order and you have in fact served the equivalent of a six months' sentence. Taking account of all these matters and those which Miss Juste very persuasively put before us we think that you should be given a chance to show what you can do. We are going to make a Probation Order for 18 months, as requested, and we are also imposing a Treatment Order with the Drug and Alcohol Service on the usual conditions. That means in particular you must do exactly what they say and attend for treatment. You must remain free of all controlled drugs and this will be checked on by random tests which you will have to submit to. You must understand if you fail to comply with the drug and alcohol treatment, if you fall off the wagon, or if you don't do what the Probation Officer tells you and attend all the courses that they direct you to, or of course if you re-offend, you will be brought back here and it seems almost inevitable that, if that happens, you will have to go back to prison.
3. You will be disqualified from driving for the two driving offences and we disqualify you from driving for 18 months. We order the forfeiture and destruction of the drugs. Authorities AG -v- Schlandt [1999]JRC166. Whelan: Aspects of Sentencing in the Superior Courts of Jersey (2 nd Ed'n): pp. 165-180. Page Last Updated: 27 Mar 2017 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
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