Jersey Judgment

AG -v- Cordery [2010] JRC 096 (25 May 2010)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

Corderey was sentenced due to the seriousness of offences involving indecent photographs of children, despite mitigating factors such as youth, remorse, and cooperation.

Court disposition

guilty on all counts except Count 13 (not guilty)

Orders

  • Probation for 18 months
  • 120 hours of community service
  • Alternative: 6 months' imprisonment
  • Formal verdict of not guilty on Count 13

02

Material facts

Parties

Corderey

Defendant

The Crown

Prosecution Counsel: Crown Advocate

Amounts and remedies

  • Probation Period: 18
  • Community Service Hours: 120
  • Alternative Imprisonment Months: 6

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

Party arguments

Applicant
Corderey is a young man of previous good character, cooperative with investigators, made frank admissions, pleaded guilty, demonstrated remorse, and was influenced by the promiscuous advances of the children involved.
Respondent
The law exists to protect young children, even against themselves, and Corderey was rightly prosecuted for these offences.

05

Court’s reasoning

  1. 01

    Judicial reasoning

    The law protects young children even against themselves.

06

Ratio, limits and disposition

Ratio decidendi

Corderey was sentenced due to the seriousness of offences involving indecent photographs of children, despite mitigating factors such as youth, remorse, and cooperation.

Obiter and limits

  • If Corderey had been older, a different approach would have been taken.
  • Hope expressed that Corderey will benefit from probation and not reoffend.

Court disposition

guilty on all counts except Count 13 (not guilty)

  • Probation for 18 months
  • 120 hours of community service
  • Alternative: 6 months' imprisonment
  • Formal verdict of not guilty on Count 13

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

[2010] JRC 096

JUDGMENT THE commissioner: 1. Corderey is to be sentenced for offences involving the making of indecent photographs of children and the incitement to the making of such photographs. The children were aged between 12 and 15 whereas the defendant was aged about 19 at the material time.

2. The Crown Advocate has made it clear that this is not a case of an older man corrupting young girls but rather of an immature youth being led on by young girls who were startlingly promiscuous in their advances and cynical in their exploitation of the defendant to obtain cigarettes and vodka. Nonetheless, the law exists to protect young children, even against themselves. Corderey was rightly prosecuted for these offences.

3. In mitigation he is a young man of previous good character; he was very co-operative with the investigating officers and made frank admissions from the start; he has pleaded guilty to the Indictment and has demonstrated his remorse. It has been a searing experience for him.

4. We have listened carefully to what the Crown Advocate has said and we think the Crown Advocate has expressed it extremely fairly. We have read your letter and we have read the other letters in support and we hope that you now understand the gravity of what you did and that, if you had been older, we would have been taking an entirely different approach. Now we hope that you can put all this behind you and take advantage of the help of the Probation Service.

5. The conclusions are granted, concurrently on each count. We also record a formal verdict of not guilty on Count 13. You are placed on probation for a period of 18 months during which time you will live and work as directed by the probation officer and comply with any courses which they ask you to do. We also have to punish you and we will impose a sentence of 120 hours of community service and we state that the alternative to that is a sentence of 6 months' imprisonment. We hope that we are not going to see you again. No Authorities Page Last Updated: 26 May 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII

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