AG v Nisbet [2020] JRC 167 (19 August 2020)

In light of unequivocal medical evidence and agreement between the parties, a treatment order with restrictions for an indeterminate period is necessary for the protection of the defendant and the public. A restraining order is also required to protect specified individuals. The murder charge is dismissed at the request of the Crown.

Citation: [2020] JRC 167
Parties: Prosecution: Crown; Defendant: Defendant
Jurisdiction: Jersey
Judgment Date: 19 August 2020
Procedural Posture: Criminal / Sentencing
Outcome: treatment order with restrictions imposed; restraining order imposed; murder charge dismissed
Legal Topics: Treatment Order, Restraining Order, Dismissal of Murder Charge, Mental Health, Public Protection

Criminal Law Mental Health Law Treatment Order Restraining Order Dismissal of Murder Charge Mental Health Public Protection

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 12 Party arguments 2

Parties

Crown

Prosecution

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

1 Whether a treatment order with restrictions should be imposed under the Mental Health (Jersey) Law 2016
2 Whether a restraining order should be made for the protection of specified persons
3 Whether the murder charge should be dismissed

Ratio Decidendi

Court Disposition

treatment order with restrictions imposed; restraining order imposed; murder charge dismissed

Orders

Treatment order pursuant to Article 65 of the Mental Health (Jersey) Law 2016
Restrictions pursuant to Article 68 of the Mental Health (Jersey) Law 2016 for an indeterminate period