AG -v- Facchino [2008] JRC 056 (04 April 2008)
- Citation
- [2008] JRC 056
- 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
A custodial sentence of 6 months, suspended for 12 months, is appropriate given the nature of the offence, the defendant's lack of previous convictions, and the need for deterrence and societal condemnation.
Court disposition
6 months' custodial sentence suspended for 12 months on both counts concurrent; forfeiture and destruction of computers ordered.
Orders
- 6 months' custodial sentence suspended for 12 months
- forfeiture and destruction of computers
02
Material facts
Parties
Facchino
Defendant Counsel: Le GuillouThe Crown
ProsecutionAmounts and remedies
- Time in Custody on Remand: 8.07
- Suspended Custodial Sentence (months): 6
- Suspension Period (months): 12
03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
appropriate sentence for possession of indecent images
- 02
weight to be given to good character
- 03
forfeiture of computers
Party arguments
- Applicant
- Facchino has no previous offences, has written to the court expressing intent to seek help, and requests leniency based on good character.
- Respondent
- The Crown dropped six charges, recommends following their conclusions, and emphasizes the societal repugnance of the offence.
05
Court’s reasoning
Legal principles
- 01
R v Oliver [2002] EWCA Crim 2766
Some, but not much, weight should be attached to good character in sentencing for these offences.
06
Ratio, limits and disposition
Ratio decidendi
A custodial sentence of 6 months, suspended for 12 months, is appropriate given the nature of the offence, the defendant's lack of previous convictions, and the need for deterrence and societal condemnation.
Obiter and limits
- Downloading such images encourages those who produce them to continue.
Court disposition
6 months' custodial sentence suspended for 12 months on both counts concurrent; forfeiture and destruction of computers ordered.
- 6 months' custodial sentence suspended for 12 months
- forfeiture and destruction of computers
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. The six charges brought against Facchino were dropped by the Crown and for these offences Facchino was remanded in custody for the equivalent of a sentence of 8 months and 2 days.
2. He has no previous offences and it was said in R v Oliver [2002] EWCA Crim 2766 , some, but not much weight, should be attached to good character. He has written his own indictment. The police apparently damaged the computer's hard drive and nothing was recovered, apparently, apart from a part of a pornographic story.
3. We have carefully read his letter to the Court. It is extremely disturbing but it ends with these words, "On the advice of my parents I am considering getting help from a specialist ". That has been repeated today in Court by Advocate Le Guillou. That help is needed, but we are going to follow the conclusions of the Crown.
4. We are going to sentence you to 6 months' custodial sentence, suspended on both counts concurrent, that is suspended for 12 months. I have to tell you that if you commit an offence during the 12 months you will without doubt go back to prison 5. We wish to explain the repugnance that society has of this type of offence and, of course, we wish to add that the downloading of these images encourages people who make such images to continue to make them.
6. We order the forfeiture and destruction of the computers. Authorities R v Oliver [2002] EWCA Crim 2766 . Page Last Updated: 06 Jun 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
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