Jersey Judgment

AG -v- F [2016] JRC 105 (13 June 2016)

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Professional case brief

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Source document

01

Holding and result

The defendant is acquitted on Counts 5 and 6 due to absence of evidence. Restraining orders and notification requirements are imposed for 10 years under the Sex Offenders (Jersey) Law 2010. Sentences are imposed as specified, with concurrent and consecutive terms resulting in a total of 5 years and 4 months' imprisonment.

Court disposition

acquittal on Counts 5 and 6; conviction and sentencing on other counts; restraining orders granted; costs application adjourned

Orders

  • acquittal on Counts 5 and 6
  • restraining orders granted for 10 years
  • notification requirements imposed for 10 years
  • sentences imposed as specified
  • costs application adjourned

02

Material facts

Parties

Crown

Applicant

Defendant

Respondent

Amounts and remedies

  • Sentence on Count 1: 4.5
  • Sentence on Count 2: 4.5
  • Sentence on Count 3: 5
  • Sentence on Count 11: 4
  • Total Imprisonment: 64
  • Restraining Order Duration: 10
  • Notification Requirement Duration: 10

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

Party arguments

Applicant
The Crown applied for restraining orders and notification requirements under the Sex Offenders (Jersey) Law 2010 and sought costs.
Respondent
No evidence was adduced on Counts 5 and 6, resulting in acquittal.

05

Court’s reasoning

  1. 01

    Sex Offenders (Jersey) Law 2010

    Restraining orders and notification requirements under Sex Offenders (Jersey) Law 2010

  2. 02

    Common law

    Acquittal where no evidence is adduced

  3. 03

    Criminal sentencing principles

    Concurrent and consecutive sentencing

06

Ratio, limits and disposition

Ratio decidendi

The defendant is acquitted on Counts 5 and 6 due to absence of evidence. Restraining orders and notification requirements are imposed for 10 years under the Sex Offenders (Jersey) Law 2010. Sentences are imposed as specified, with concurrent and consecutive terms resulting in a total of 5 years and 4 months' imprisonment.

Court disposition

acquittal on Counts 5 and 6; conviction and sentencing on other counts; restraining orders granted; costs application adjourned

  • acquittal on Counts 5 and 6
  • restraining orders granted for 10 years
  • notification requirements imposed for 10 years
  • sentences imposed as specified
  • costs application adjourned

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

[2016] JRC 105

JUDGMENT THE commissioner: 1. In view of the lateness of the hour we are going to produce a written judgment setting out our reasons which will be available as soon as possible. Dealing first with some of the initial issues in terms of Counts 5 and 6 of the original Indictment. We note that no evidence is adduced on those two counts and the defendant is acquitted on those. Secondly, in terms of costs, the application by the Crown is adjourned for a date to be fixed. Thirdly, dealing with the Sex Offenders (Jersey) Law 2010 , we grant the restraining orders as set out in the Crown's submissions and we set the periods both for the notification and for the restraining order as 10 years from today's date in both cases.

2. Turning to the sentences, on Count 1 you are sentenced to 4½ years' imprisonment, on Count 2; 4½ years' imprisonment, concurrent, on Count 3; 5 years' imprisonment, concurrent, and on Count 11; 4 months' imprisonment, consecutive, which makes a total of 5 years and 4 months' imprisonment. Authorities Sex Offenders (Jersey) Law 2010. AG v Brewster 2001/130. AG v Noel [2003] JRC 027 . AG v Freeman [2003] JRC 028 . AG v B. R . [2006] JRC 155 . AG v L [2007] JRC 029 . AG v Foster [2007] JRC 201. AG v G [2009] JRC 148 . AG v Donnelly [2009] JRC 170. AG v X [2010] JRC 111 . J v AG [2016] JCA 090 . AG v Z [2011] JLR 107 . Page Last Updated: 30 Jun 2016 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

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

AG v Brewster 2001/130

Case cited

AG v Noel [2003] JRC 027

Case cited

AG v Freeman [2003] JRC 028

Case cited

AG v B. R. [2006] JRC 155

Case cited

AG v L [2007] JRC 029

Case cited

AG v Foster [2007] JRC 201

Case cited

AG v G [2009] JRC 148

Case cited

AG v Donnelly [2009] JRC 170

Case cited

AG v X [2010] JRC 111

Case cited

J v AG [2016] JCA 090

Case cited

AG v Z [2011] JLR 107

Case cited

Sex Offenders (Jersey) Law 2010

Legislation

Legislation referenced in the available case record.

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