AG -v- Maton [2016] JRC 072 (24 March 2016)

AG -v- Maton [2016] JRC 072 (24 March 2016)

Until the Magistrate is functus officio by having sentenced the defendant, it remains open and mandatory for the Magistrate to commit a matter to the Royal Court under Article 3(2) if the Magistrate concludes that sentencing powers are insufficient, regardless of whether a guilty plea has been entered and jurisdiction initially accepted.

Citation
[2016] JRC 072
Parties
Defendant: Carl Lewis Maton; Respondent: Attorney General; Amicus Curiae: Advocate Santos-Costa
Jurisdiction
Jersey
Judgment Date
24 March 2016
Procedural Posture
Criminal / Pre Sentencing Legal Argument on Committal Validity
Outcome
Both the false pretences charges and the indecent assault charge are validly committed to the Royal Court.
Legal Topics
Committal Procedure, Jurisdiction of Magistrate's Court, Statutory Interpretation, Sentencing Powers
Criminal Law Criminal Procedure Committal Procedure Jurisdiction of Magistrate's Court Statutory Interpretation Sentencing Powers

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Parties

Carl Lewis Maton

Defendant

Attorney General

Respondent

Advocate Santos-Costa

Amicus Curiae

Procedural Posture

Criminal / Pre Sentencing Legal Argument on Committal Validity

Legal Issues

  1. 1 Whether the Magistrate validly committed the indecent assault charge to the Royal Court after accepting a guilty plea and jurisdiction.
  2. 2 Interpretation of Article 3(2) and Article 4 of the Magistrate's Court Law (Miscellaneous Provisions) (Jersey) Law 1949 regarding timing and scope of committal.

Ratio Decidendi

Until the Magistrate is functus officio by having sentenced the defendant, it remains open and mandatory for the Magistrate to commit a matter to the Royal Court under Article 3(2) if the Magistrate concludes that sentencing powers are insufficient, regardless of whether a guilty plea has been entered and jurisdiction initially accepted.

Court Disposition

Both the false pretences charges and the indecent assault charge are validly committed to the Royal Court.

Orders

  • Indictment for indecent assault to be prepared and put to the defendant for plea at the earliest opportunity.