AG v McDonagh Munks and Mohammed [2002] JRC 207 (30 October 2002)

AG v McDonagh Munks and Mohammed [2002] JRC 207 (30 October 2002)

Custodial sentences are imposed due to repeated failure to respond to non-custodial measures, seriousness and totality of offending, and offences committed while on bail or under community service orders. Credit is given for guilty pleas and mitigation factors, but the nature and circumstances of the offences require imprisonment.

Citation
[2002] JRC 207
Parties
Defendant: McDonagh; Defendant: Munks; Defendant: Mohammed; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
30 October 2002
Procedural Posture
Criminal / Sentencing Judgment
Outcome
custodial sentences imposed for all defendants
Legal Topics
Sentencing, Drug Offences, Burglary, Receiving Stolen Property, Community Service Order Breach, Youth Detention, Motoring Offences
Criminal Law Sentencing Drug Offences Burglary Receiving Stolen Property Community Service Order Breach Youth Detention Motoring Offences

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Parties

McDonagh

Defendant

Munks

Defendant

Mohammed

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 appropriate sentencing for drug-related offences
  2. 2 breach of community service orders
  3. 3 totality principle in sentencing

Ratio Decidendi

Custodial sentences are imposed due to repeated failure to respond to non-custodial measures, seriousness and totality of offending, and offences committed while on bail or under community service orders. Credit is given for guilty pleas and mitigation factors, but the nature and circumstances of the offences require imprisonment.

Court Disposition

custodial sentences imposed for all defendants

Orders

  • McDonagh: 6 months' imprisonment (count 1), 6 months' imprisonment (count 2, concurrent), 1 month's imprisonment (count 3), £250 fine or 1 month in default (count 4, concurrent), 1 month's imprisonment (count 5), counts 3, 5, and default sentence in count 4 concurrent but consecutive to counts 1 and 2; disqualified...
  • Munks: 15 months' imprisonment (count 6A), 9 months' imprisonment (count 7, concurrent), 3 months' imprisonment (count 9, consecutive); forfeiture of knife; 12 months' imprisonment (second indictment, consecutive); total 2.5 years imprisonment.