Jersey Judgment

AG v B [2020] JRC 102 (02 June 2020)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

A sentence of four years and six months' imprisonment is appropriate, allowing six months' mitigation from a five year starting point. Statutory notification requirements are imposed for the minimum term of five years. Restraining orders are granted in limited terms to protect the complainant without overreaching.

Court disposition

convicted and sentenced

Orders

  • Imprisonment for four years and six months.
  • Subject to notification requirements under the Sex Offenders Law for five years from conviction.
  • Restraining orders: no contact with complainant directly or indirectly (except through lawyers in family proceedings); not to go within 50 metres of complainant; not to encourage third parties to harass complainant. Orders last four years from date of judgment.

02

Material facts

Parties

The Crown

Prosecution

Unnamed Defendant

Defendant

Amounts and remedies

  • Imprisonment Term (months): 54
  • Notification Requirements Term (months): 60
  • Restraining Orders Duration (months): 48

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

Party arguments

Applicant
Mitigation was advanced seeking a reduction from the 5 year starting point. Objections were raised to the scope of the restraining orders sought by the Crown.
Respondent
The Crown sought a 5 year sentence and restraining orders in specific terms, including restrictions on contact and proximity to the complainant.

05

Court’s reasoning

  1. 01

    R v Billam [1986] 8 Cr App Rep (S) 48

    Sentencing should reflect seriousness of the offence and allow for mitigation.

  2. 02

    Sex Offenders Law (Jersey) Law 2008

    Notification requirements under the Sex Offenders Law must be imposed for a statutory minimum term.

  3. 03

    Crime (Disorderly Conduct and Harassment) (Jersey) Law 2008

    Restraining orders should be proportionate and not unnecessarily infringe on the defendant's rights.

06

Ratio, limits and disposition

Ratio decidendi

A sentence of four years and six months' imprisonment is appropriate, allowing six months' mitigation from a five year starting point. Statutory notification requirements are imposed for the minimum term of five years. Restraining orders are granted in limited terms to protect the complainant without overreaching.

Obiter and limits

  • Detailed reasons for sentencing will be handed down in due course.
  • Contact arrangements regarding the complainant should be managed through the Family Court.

Court disposition

convicted and sentenced

  • Imprisonment for four years and six months.
  • Subject to notification requirements under the Sex Offenders Law for five years from conviction.
  • Restraining orders: no contact with complainant directly or indirectly (except through lawyers in family proceedings); not to go within 50 metres of complainant; not to encourage third parties to harass complainant. Orders last four years from date of judgment.

Source and reliance status

Official court record

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Judgment reading view

Judgment text

The complete available source text.

Source document

Court record

Judgment

[2020] JRC 102

JUDGMENT THE commissioner: 1. You will be aware we have had a long discussion about the circumstances of this case and the court has concluded that the right sentence to be imposed is one of four and a half years' imprisonment.

2. We have taken a 5 year starting point and we have allowed 6 months for mitigation. A number of points have been raised in the course of the addresses to us and the more detailed reasons for our decision are being reserved and will be delivered later but you are sentenced to 4 years and six months imprisonment on the indictment of which you have been found guilty by the jury.

3. As a result of your conviction as you have been told already you are subject to the notification requirements under the Sex Offenders Law and it is for us today to fix the minimum term before which you can apply for release from those notification requirements. Under the statute the minimum term is five years and that is the term we are going to impose and it runs from the date of your conviction.

4. As to the Restraining Orders we do not think it is appropriate to make the orders entirely in the terms which the Crown has moved for so what we have decided is appropriate is to make restraining orders in these terms: (a) You are not to contact the complainant, either directly, or indirectly. Indirectly, of course does not apply to contact through your lawyers in the course of the family proceedings. (b) You are not to go intentionally within 50 metres of the complainant at any time and if on finding yourself within 50 metres of the complainant then you are to take immediate steps to remove yourself. (f) You are not to encourage any third party to behave in a way towards the complainant that is likely to cause her harassment, alarm or distress.

5. Those are the orders we make so we are not making orders (b), (c) and (e) of those requested by the Crown. The orders will remain in place for four years' from today's date and thereafter they will lapse. Accordingly, they will continue for an amount of time after your release from custody.

6. We have not made (b) and (c) because we do not think it is appropriate that you should be required to be advised of the complainant's place of work and home address and we have not made the order under (e) because contact arrangements should be made in our view through the Family Court which will make the appropriate decision.

7. Detailed reasons will be handed down in due course. You are sentenced 4 years 6 months' imprisonment. Authorities Sexual Offences (Jersey) Law 2018. Sex Offenders Law (Jersey) Law 2008. Crime (Disorderly Conduct and Harassment) (Jersey) Law 2008. AG v D [5 th December 1995]. AG v Jones in the Inferior and Superior Number (1999/221 and 2000/22). AG v Dobrin and Ors [2019] JRC 097. AG v Majid [2003] JRC 101 . R v Billam [1986] 8 Cr App Rep (S) 48. R v M [1995] 16 Cr App Rep(S) 770. R v Milberry [2003] 1 Cr App Rep 25 . R v Perkins [2013] EWCA Crim 323 . Page Last Updated: 01 Jul 2020 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

AG v D [1995]

Case cited

AG v Jones (1999/221 and 2000/22)

Case cited

AG v Dobrin and Ors [2019] JRC 097

Case cited

AG v Majid [2003] JRC 101

Case cited

R v Billam [1986] 8 Cr App Rep (S) 48

Case cited

R v M [1995] 16 Cr App Rep(S) 770

Case cited

R v Milberry [2003] 1 Cr App Rep 25

Case cited

R v Perkins [2013] EWCA Crim 323

Case cited

Sexual Offences (Jersey) Law 2018

Legislation

Legislation referenced in the available case record.

Sex Offenders Law (Jersey) Law 2008

Legislation

Legislation referenced in the available case record.

Crime (Disorderly Conduct and Harassment) (Jersey) Law 2008

Legislation

Legislation referenced in the available case record.

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