AG -v- F [2016] JRC 105 (13 June 2016)
- Citation
- [2016] JRC 105
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Sentencing
More details
- Posture
- Criminal / Sentencing
On this page
Professional case brief
Research organized from the available case record
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
ApplicantDefendant
RespondentAmounts 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
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
absence of evidence on Counts 5 and 6
- 02
imposition of restraining orders under Sex Offenders (Jersey) Law 2010
- 03
sentencing for sex offences
- 04
adjournment of costs application
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
Legal principles
- 01
Sex Offenders (Jersey) Law 2010
Restraining orders and notification requirements under Sex Offenders (Jersey) Law 2010
- 02
Common law
Acquittal where no evidence is adduced
- 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.
Court record
Judgment
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
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