AG v T [2017] JRC 161 (02 October 2017)

JUDGMENT THE COMMISSIONER: 1. Dealing first with the requirements of the Sex Offenders (Jersey) Law 2010 we order that a period of 10 years from today (date of sentence) should elapse before the defendant can apply to have the notification requirements lifted and we make the restraining orders as set out in paragraph 34 of the Crown's skeleton argument, and this for a period of 13 years, also from date of sentence.

2. Turning to the sentences that the Court needs to impose, we agree that it is appropriate to continue the review of sentences that have been imposed in the past for sexual offences as commenced by the Court in AG v K [2016] JRC 158 , a decision approved by the Court of Appeal We think it is right to impose a greater sentence for the kind of offences now before us because we conclude that right thinking members of the community in Jersey would not now regard the sentences that have in the past been imposed as adequately reflecting the gravity of the offences and their effect on the victims. We are not going to set out our reasons for our decision today; those will follow in a written judgment which will be issued as soon as we can, and we therefore proceed directly to imposing the sentences we have concluded upon.

3. On Count 1 you are sentenced to 4 years' imprisonment, on Count 2; to 6 years' imprisonment; on Count 3; to 8 years' imprisonment; on Count 4; to 8 years' imprisonment; on Count 5; to 6 years' imprisonment and on Count 6; to 6 years' imprisonment, all to be concurrent with each other, making a total of 8 year's imprisonment.

4. In terms of the Compensation Order we make a compensation order in the sum of £50,000, with a default sentence of 12 months' imprisonment, consecutive, if not paid, and to be paid within 1 month.

5. We also order the defendant to pay the prosecution's costs to be agreed, and if not agreed, to be taxed. Authorities Sex Offenders (Jersey) Law 2010. Criminal Justice (Anonymity in Sexual Offence Cases)(Jersey) Law 2002. Costs in Criminal Cases (Jersey) Law 1961. Whelan on Aspects of Sentencing in the Superior Courts of Jersey (Third Edition). The Judicial College Guidelines (14 th Edition). English Sentencing Guidelines Council's Definitive Guideline for Sexual Offences. K-v-AG and AG-v-F [2016] JCA 219 . AG-v-Pereira [2016] JRC 218B . AG-v-K [2016] JRC 158 . AG-v-K [2016] JRC 141 . AG-v-F [2016] JRC 109A . AG-v-U [2011] JLR 812 . AG-v-X [2010] JRC 111 AG-v-Brewster 2001/3. B-v-David Sudlow (2003). Sargent v Sargent (1998). Re: F (1998). C-v-S (Damages: Sexual Abuse) (1997). Page Last Updated: 21 Nov 2017 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII