AG -v- Munks [2013] JRC 008 (11 January 2013)

Custodial sentence is justified due to the aggravating impact of residential burglary on victims, prior record, and lack of valid justification for the offence.

Citation: [2013] JRC 008
Parties: Defendant: Mr Munks; Victim: Owner of residential house
Jurisdiction: Jersey
Judgment Date: 11 January 2013
Procedural Posture: Criminal / Sentencing
Outcome: convicted and sentenced
Legal Topics: Burglary, Sentencing, Aggravating Factors

Criminal Law Burglary Sentencing Aggravating Factors

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Parties

Mr Munks

Defendant

Owner of residential house

Victim

Procedural Posture

Criminal / Sentencing

Legal Issues

1 Whether a custodial sentence is appropriate for residential burglary
2 Impact of burglary on victims
3 Consideration of mitigating and aggravating factors

Ratio Decidendi

Custodial sentence is justified due to the aggravating impact of residential burglary on victims, prior record, and lack of valid justification for the offence.

Court Disposition

convicted and sentenced

Orders

2 years and 6 months' imprisonment