AG v Marquis [2023] JRC 181 (06 October 2023)

JUDGMENT THE BAILIFF: 1. We will give fuller reasons for the decision we have made in due course. We express concern that the forensic therapy progress report appears to have been prepared in March of this year but only uploaded to the CaseLines bundle on 2 October 2023, and that is a matter of concern to us because of course it means that the relevant mitigating material, if such it be, could not have been taken into account by the Attorney General, and that is no criticism at all of the Crown.

2. That being said, dealing first with the applications under the Sex Offences (Jersey) Law 2010 we take the view that it is appropriate that that restriction remain in place for five years as indeed the reporting requirements, so we impose the restraints in the terms set out in the Crown's conclusions for a period of 5 years and we order that 5 years is the period that must elapse before an application can be made to come off the Register.

3. We also order the forfeiture and destruction of the instrumentalities specifically the two computers that are set out in the statement of facts and conclusions, and lastly, we impose the order of costs sought by the Crown, in terms of preliminary matters, that is, with a payment at £100 per month as requested by the defence which was not subject to any objection by the Crown.

4. Turning to the substantive disposal of the matter, we think in the light of the additional mitigation available we should reduce to a small extent the conclusions moved for by the Crown. (i) Count 1, you are sentenced to 21 months' imprisonment. (ii) Count 2, one year imprisonment. (iii) Count 3, four months' imprisonment. (iv) Count 4, six months' imprisonment. (v) All to be served concurrently, making a total of 21 months' imprisonment. (vi) The starting point with regard to Count 1 we accept as being correctly stated at 3 years' imprisonment.

5. In the future, the defence is expected to upload anything which will substantially impact upon the conclusions of the Attorney General, (which they would take the view might substantially impact) as soon as it is available. Authorities Protection of Children (Jersey) Law 1994. Sex Offences (Jersey) Law 2010. National Police Chiefs' Council Sentencing Levels Guidance. AG v Berry [2019] JRC 053. AG v Nursaw [2019] JRC 186A. AG v Godson and Crowley [2013] JRC 091 . R. v Smith and Ors [2012] 1 Cr App R (S) 82 . AG v Salsac [2017] JRC 125 . AG v Matthews [2020] JRC 186A. R v Smith and Ors [2012] 1 Cr App R (S) 82 . Page Last Updated: 17 Nov 2023 Back to top About JLIB Accessibility Contacts Disclaimer Feedback Privacy policy Site map © Jersey Legal Information Board 2001- This website is not compatible with your web browser. You should install a newer browser . If you live in Jersey and need help upgrading call the States of Jersey web team on 440099. BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII