AG -v- Monks [2012] JRC 003 (05 January 2012)

AG -v- Monks [2012] JRC 003 (05 January 2012)

Custodial sentence avoided due to lack of clarity regarding incident circumstances and absence of lasting injury to victim; community service and exclusion order imposed instead.

Citation
[2012] JRC 003
Parties
Defendant: Unknown Defendant; Prosecutor: Attorney General; Victim: Unknown Victim
Jurisdiction
Jersey
Judgment Date
05 January 2012
Procedural Posture
Criminal / Sentencing
Outcome
Defendant sentenced to 150 hours community service; alternative 9 months imprisonment; exclusion order for 6 months; compensation order for £114.98.
Legal Topics
Assault, Sentencing, Community Service, Compensation Order, Exclusion Order
Criminal Law Assault Sentencing Community Service Compensation Order Exclusion Order

Case Brief

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Parties

Unknown Defendant

Defendant

Attorney General

Prosecutor

Unknown Victim

Victim

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for grave and criminal assault
  2. 2 Whether custodial sentence should be imposed
  3. 3 Compensation for victim

Ratio Decidendi

Custodial sentence avoided due to lack of clarity regarding incident circumstances and absence of lasting injury to victim; community service and exclusion order imposed instead.

Court Disposition

Defendant sentenced to 150 hours community service; alternative 9 months imprisonment; exclusion order for 6 months; compensation order for £114.98.

Orders

  • 150 hours community service
  • Exclusion Order for 6 months from 1st, 4th, and 7th category premises