AG v McMillan 07 Feb 2025 (Royal Court : Sentencing (Criminal)) [2025] JRC 040 (7 February 2025)

AG v McMillan 07 Feb 2025 (Royal Court : Sentencing (Criminal)) [2025] JRC 040 (7 February 2025)

The Defendant's advanced planning for a terrorist act, possession of indecent and prohibited images, and unlawful sexual intercourse warranted a treatment order with special restrictions due to his autism spectrum disorder and associated risks, rather than imprisonment, to protect the public and facilitate necessary treatment.

Citation
[2025] JRC 040
Parties
Defendant: Daniel McMillan; Crown: Attorney General
Jurisdiction
Jersey
Judgment Date
07 February 2025
Procedural Posture
Criminal / Sentencing
Outcome
Treatment order with special restrictions imposed; no custodial sentence; reporting and restrictive orders made.
Legal Topics
Sentencing, Treatment Orders, Sex Offender Restrictions, Terrorism Offences, Indecent Images, Unlawful Sexual Intercourse
Criminal Law Mental Health Law Sexual Offences Law Terrorism Law Sentencing Treatment Orders Sex Offender Restrictions Terrorism Offences +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Daniel McMillan

Defendant

Attorney General

Crown

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentencing for terrorism offences
  2. 2 Sentencing for indecent and prohibited images of children
  3. 3 Sentencing for unlawful sexual intercourse with a minor

Ratio Decidendi

The Defendant's advanced planning for a terrorist act, possession of indecent and prohibited images, and unlawful sexual intercourse warranted a treatment order with special restrictions due to his autism spectrum disorder and associated risks, rather than imprisonment, to protect the public and facilitate necessary treatment.

Court Disposition

Treatment order with special restrictions imposed; no custodial sentence; reporting and restrictive orders made.

Orders

  • Defendant detained under treatment order with special restrictions; cannot be released without Court agreement.
  • Report on Defendant's condition required in 12 months and at 6-month intervals thereafter.