AG v Michel 16-Sep-2019 [2019] JRC 179A (16 September 2019)

AG v Michel 16-Sep-2019 [2019] JRC 179A (16 September 2019)

The court found the defendant's level of culpability justified a treatment order rather than imprisonment, and imposed a restriction order to ensure ongoing judicial oversight and public protection.

Citation
[2019] JRC 179A
Parties
Prosecutor: Attorney General; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
16 September 2019
Procedural Posture
Criminal / Final Judgment
Outcome
treatment order and restriction order granted
Legal Topics
Treatment Order, Restriction Order, Fitness to Plead, Culpability, Sentencing Alternatives
Criminal Law Mental Health Law Treatment Order Restriction Order Fitness to Plead Culpability Sentencing Alternatives

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 2 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Attorney General

Prosecutor

Defendant

Defendant

Procedural Posture

Criminal / Final Judgment

Legal Issues

  1. 1 Whether the defendant is fit to plead
  2. 2 Whether a treatment order under Article 65 of the Mental Health (Jersey) Law 2016 should be made
  3. 3 Whether a restriction order under Article 68 should be imposed

Ratio Decidendi

The court found the defendant's level of culpability justified a treatment order rather than imprisonment, and imposed a restriction order to ensure ongoing judicial oversight and public protection.

Court Disposition

treatment order and restriction order granted

Orders

  • Treatment order under Article 65 for detention in Brockfield House
  • Restriction order under Article 68 prohibiting discharge, transfer, or leave of absence except by court order