AG -v- Munks [2009] JRC 129 (24 June 2009)
- Citation
- [2009] JRC 129
- 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
Given the defendant's progress and understanding of wrongdoing, probation with a treatment order is more appropriate than community service or harsher punishment.
Court disposition
probation with treatment order and forfeiture of drugs
Orders
- Defendant placed on probation for 1 year subject to a treatment order.
- Forfeiture and destruction of the drugs.
02
Material facts
Parties
Munks
Defendant Counsel: not specified03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
appropriate sentence for low-level drug offence
- 02
whether to impose community service or probation with treatment order
Party arguments
- Applicant
- Advocate requested a community service order.
- Respondent
- Not specified.
05
Court’s reasoning
Legal principles
- 01
court's reasoning
Support and rehabilitation may be preferable to punishment for low-level offending, especially where progress is shown.
06
Ratio, limits and disposition
Ratio decidendi
Given the defendant's progress and understanding of wrongdoing, probation with a treatment order is more appropriate than community service or harsher punishment.
Obiter and limits
- We hope that you make something of your life in the future.
Court disposition
probation with treatment order and forfeiture of drugs
- Defendant placed on probation for 1 year subject to a treatment order.
- Forfeiture and destruction of the 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 BAILIFF: 1. Munks, this was offending at the low end of the scale. You have done much worse things in your life before but we are glad to note from your letter, which we have read very carefully, that you understand that what you did was wrong and that you must not do that kind of thing in the future.
2. At this stage of your life we are very pleased to see the progress that has been made in many areas of your life. We think that at this stage you need support rather than punishment and we are not going to impose a community service order, as requested by your Advocate.
3. We are going to place you on probation for 1 year subject to a condition that you submit to a treatment order, and you understand the implications of that I hope, and subject to your complying with all the obligations of the probation order, we hope that we will not see you again. We hope that you make something of your life in the future.
4. We order the forfeiture and destruction of the drugs. Authorities AG-v-Parole [2007] JRC 020 . AG-v-Mohammed [2008] JRC 189 . Page Last Updated: 14 Feb 2017 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
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