Jersey Judgment

AG v Facchino [2020] JRC 093 (27 May 2020)

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Professional case brief

Research organized from the available case record

Source document

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

Prosecutor

Defendant

Defendant

Amounts 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

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

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

  1. 01

    Sex Offenders (Jersey) Law 2010

    Notification requirements for sex offenders

  2. 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

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Judgment reading view

Judgment text

The complete available source text.

Source document

Court record

Judgment

[2020] JRC 093

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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Authorities

Authorities used by the court

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

AG v Facchino [2008] JRC 056

Case cited

AG v G [2011] JLR Note 47

Case cited

AG v G [2011] JRC 214

Case cited

AG v Godson & Crowley [2013] JRC 091

Case cited

AG v R [2017] JRC 213

Case cited

AG v Laffoley [2017] JRC 058

Case cited

AG v Facchino [2018] JRC 186

Case cited

AG v Bourke [2018] JRC 134

Case cited

AG v R [2019] JRC 059

Case cited

AG v Lines [2019] JRC 184

Case cited

R v Smith and Ors [2012] 1 Cr App R (S) 82

Case cited

Sex Offenders (Jersey) Law 2010

Legislation

Legislation referenced in the available case record.

Protection of Children (Jersey) Law 1994

Legislation

Legislation referenced in the available case record.

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