Att. Gen. v U [2011] JLR 812 (14 November 2011)
- Citation
- [2011] JLR 812
- 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 sentence was determined based on the presence of multiple aggravating factors and the vulnerability of the victim, with no mitigating factors such as a guilty plea or remorse.
Court disposition
conviction and sentencing
Orders
- 5 years' imprisonment for 12 offences of indecent assault and procuring gross indecency against a child
02
Material facts
Parties
Attorney General
ApplicantU
RespondentAmounts and remedies
- Number of Offences: 12
- Sentence Length: years 5
03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
appropriate sentence for multiple indecent assaults against a child
- 02
consideration of aggravating factors in sentencing
Party arguments
- Applicant
- The applicant argued for a severe sentence due to aggravating factors including introducing the victim to oral sex, breach of trust, grooming, filming the offences, not guilty plea increasing victim's stress, and lack of remorse.
- Respondent
- The respondent did not plead guilty and showed no remorse.
05
Court’s reasoning
Legal principles
- 01
Jersey criminal law
Consent is not implied if the victim is too young when offending began.
06
Ratio, limits and disposition
Ratio decidendi
The sentence was determined based on the presence of multiple aggravating factors and the vulnerability of the victim, with no mitigating factors such as a guilty plea or remorse.
Obiter and limits
- Although no violence was involved, the seriousness of the offences was heightened by the breach of trust and grooming.
Court disposition
conviction and sentencing
- 5 years' imprisonment for 12 offences of indecent assault and procuring gross indecency against a child
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
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BAILII >> Databases >> Jersey Law Reports >> Att. Gen. v U [2011] JLR 812 (14 November 2011) URL: https://www.bailii.org/je/cases/JLR/2011/JLR110812.html Cite as: [2011] JLR 812 [ New search ] [ Help ] Att. Gen. v U 2011 JLR 812 (14 November 2011) Criminal Law-indecent assault-sentence-5 years' imprisonment for 12 offences of indecent assault and procuring gross indecency against child-aggravating factors: introducing victim to oral sex; breach of trust (offences committed in victim's home); grooming of victim; filming of offences; not guilty plea, increasing victim's stress; and no remorse-although no violence, consent not implied if victim too young when offending began The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2011 JLR 812 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2011/JLR110812.html
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