AG v Facchino [2020] JRC 093 (27 May 2020)
- Citation
- [2020] JRC 093
- 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 sentenced to a total of 6 years' imprisonment for offences under two indictments, with notification requirements imposed for 10 years, forfeiture and destruction of property, and a restraining order as per Crown's Conclusions.
Court disposition
convicted and sentenced
Orders
- 10-year notification requirement under Sex Offenders (Jersey) Law 2010
- 8 months' imprisonment (First Indictment, Count 1)
- No penalty (First Indictment, Count 2)
- 3 months' imprisonment concurrent (First Indictment, Count 3)
- 12 months' imprisonment concurrent (First Indictment, Count 4)
- 5 years' imprisonment consecutive (Second Indictment)
- forfeiture and destruction of Samsung Galaxy mobile phone
- forfeiture and destruction of drugs
- restraining order as per Crown's Conclusions, paragraph 32
02
Material facts
Parties
Attorney General
ProsecutorDefendant
DefendantAmounts and remedies
- Notification Period: 10
- Imprisonment (first Indictment, Count 1): 8
- Imprisonment (first Indictment, Count 3): 3
- Imprisonment (first Indictment, Count 4): 12
- Imprisonment (second Indictment): 60
- Total Imprisonment: 72
03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
appropriate sentence for sex offences
- 02
application of notification requirements under Sex Offenders (Jersey) Law 2010
- 03
forfeiture and destruction of property
- 04
imposition of restraining order
Party arguments
- Applicant
- Counsel made points regarding sentencing and notification requirements.
- Respondent
- Counsel responded to points made regarding sentencing and notification requirements.
05
Court’s reasoning
Legal principles
- 01
Sex Offenders (Jersey) Law 2010
Notification requirements for sex offenders
- 02
Protection of Children (Jersey) Law 1994
Protection of children from sexual offences
06
Ratio, limits and disposition
Ratio decidendi
The defendant is sentenced to a total of 6 years' imprisonment for offences under two indictments, with notification requirements imposed for 10 years, forfeiture and destruction of property, and a restraining order as per Crown's Conclusions.
Court disposition
convicted and sentenced
- 10-year notification requirement under Sex Offenders (Jersey) Law 2010
- 8 months' imprisonment (First Indictment, Count 1)
- No penalty (First Indictment, Count 2)
- 3 months' imprisonment concurrent (First Indictment, Count 3)
- 12 months' imprisonment concurrent (First Indictment, Count 4)
- 5 years' imprisonment consecutive (Second Indictment)
- forfeiture and destruction of Samsung Galaxy mobile phone
- forfeiture and destruction of drugs
- restraining order as per Crown's Conclusions, paragraph 32
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
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 and the points made by counsel we will give our reasons for the sentence we are about to announce in a written judgment which will follow shortly.
2. Pursuant to the Sex Offenders (Jersey) Law 2010 we order that a period of ten years must expire from today's date before the defendant can apply to have the Notification requirements lifted.
3. We sentence the defendant as follows. Under the First Indictment, Count 1, to 8 months' imprisonment; Count 2, no penalty; Count 3, 3 months' imprisonment concurrent; Count 4, 12 months' imprisonment concurrent making a total of 12 months' imprisonment on the First Indictment.
4. Under the Second Indictment we sentence the defendant to 5 years' imprisonment, consecutive to the sentence for the First Indictment making a total sentence of 6 years' imprisonment.
5. We order the forfeiture and destruction of the Samsung Galaxy mobile phone.
6. We order the forfeiture and destruction of the drugs.
7. We make the restraining order in the terms set out in paragraph 32 of the Crown's Conclusions. Authorities Protection of Children (Jersey) Law 1994 Sex Offenders (Jersey) Law 2010 AG v Facchino [2008] JRC 056 AG v G [2011] JLR Note 47 AG v G [2011] JRC 214 AG v Godson & Crowley [2013] JRC 091 AG v R [2017] JRC 213 AG v Laffoley [2017] JRC 058 AG v Facchino [2018] JRC 186 AG v Bourke [2018] JRC 134 AG v R [2019] JRC 059 AG v Lines [2019] JRC 184 R v Smith and Ors [2012] 1 Cr App R (S) 82 Page Last Updated: 01 Jun 2020 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
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