AG -v- Cardy [2011] JRC 096 (06 May 2011)

AG -v- Cardy [2011] JRC 096 (06 May 2011)

The accused, having pleaded guilty to three counts of making indecent photographs of children (including 18 at Copine Level 4), is sentenced to 12 months' imprisonment on each count, concurrent, due to the seriousness of the offending, the duration, and the proportion of Level 4 images, with mitigation for guilty plea and number of images. Forfeiture of computer equipment is ordered, and a five-year period is set before application to be released from notification requirements under the Sex Offenders (Jersey) Law 2010.

Citation
[2011] JRC 096
Parties
Accused: Unknown (the accused); Prosecution: Attorney General
Jurisdiction
Jersey
Judgment Date
06 May 2011
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced
Legal Topics
Child Pornography, Sentencing, Sex Offenders Register, Forfeiture of Property
Criminal Law Child Pornography Sentencing Sex Offenders Register Forfeiture of Property

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 3 Authorities cited 7 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Unknown (the accused)

Accused

Attorney General

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether sentence should be deferred due to possible further charges
  2. 2 Appropriate sentence for making indecent photographs of children
  3. 3 Application of deterrent sentencing principles

Ratio Decidendi

The accused, having pleaded guilty to three counts of making indecent photographs of children (including 18 at Copine Level 4), is sentenced to 12 months' imprisonment on each count, concurrent, due to the seriousness of the offending, the duration, and the proportion of Level 4 images, with mitigation for guilty plea and number of images. Forfeiture of computer equipment is ordered, and a five-year period is set before application to be released from notification requirements under the Sex Offenders (Jersey) Law 2010.

Court Disposition

Convicted and sentenced

Orders

  • 12 months' imprisonment on each count, concurrent (total 12 months)
  • Forfeiture of computer equipment under Article 2 of the Criminal Justice (Forfeiture Orders)(Jersey) Law 2001