AG v Moniz [2003] JRC 037 (14 February 2003)

AG v Moniz [2003] JRC 037 (14 February 2003)

The defendant's alcohol-fuelled behaviour and resistance to police warrant punishment, but mitigation through early guilty plea and lack of prior imprisonment justify fines rather than custodial sentence.

Citation
[2003] JRC 037
Parties
Defendant: Unnamed Defendant; Prosecution: The Crown
Jurisdiction
Jersey
Judgment Date
14 February 2003
Procedural Posture
Criminal / Sentencing
Outcome
fined
Legal Topics
Sentencing, Mitigation, Alcohol Related Offences, Resisting Police
Criminal Law Sentencing Mitigation Alcohol Related Offences Resisting Police

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 4 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Unnamed Defendant

Defendant

The Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate punishment for alcohol-fuelled assault and resisting police
  2. 2 mitigation due to early guilty plea

Ratio Decidendi

The defendant's alcohol-fuelled behaviour and resistance to police warrant punishment, but mitigation through early guilty plea and lack of prior imprisonment justify fines rather than custodial sentence.

Court Disposition

fined

Orders

  • Fine of £600 on count 1 or 4 weeks' imprisonment in default.
  • Fine of £400 on count 2 or 2 weeks' imprisonment in default, consecutive.