AG -v- D [2016] JRC 193 (24 October 2016)

AG -v- D [2016] JRC 193 (24 October 2016)

The restraining order is imposed by consent to protect children and minimise risk, with specific prohibitions and requirements for motivational counselling and educational work, excluding the defendant's own children subject to compliance.

Citation
[2016] JRC 193
Parties
Defendant: Defendant; Applicant: Crown
Jurisdiction
Jersey
Judgment Date
24 October 2016
Procedural Posture
Criminal / Post Sentencing Restraining Order Hearing
Outcome
restraining order imposed by consent
Legal Topics
Restraining Orders, Sex Offences, Child Protection
Criminal Law Restraining Orders Sex Offences Child Protection

Case Brief

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Parties

Defendant

Defendant

Crown

Applicant

Procedural Posture

Criminal / Post Sentencing Restraining Order Hearing

Legal Issues

  1. 1 Whether a restraining order should be imposed on the defendant following conviction for indecent assault and procuring gross indecency
  2. 2 Scope and terms of restraining order to minimise risk to children

Ratio Decidendi

The restraining order is imposed by consent to protect children and minimise risk, with specific prohibitions and requirements for motivational counselling and educational work, excluding the defendant's own children subject to compliance.

Court Disposition

restraining order imposed by consent

Orders

  • Defendant prohibited from being alone with any child under 16 years except own children, unless a responsible adult over 21 aware of convictions is present.
  • Defendant must remove himself from situations where alone with a child under 16 as soon as reasonably practicable.