Att. Gen. v. De Oliveira [2017] 1 JLR 20 (16 January 2017)

Att. Gen. v. De Oliveira [2017] 1 JLR 20 (16 January 2017)

A sentence of 2 years and 8 months' imprisonment was appropriate for indecent assault on a lone intoxicated woman at night, involving touching of the breast and vagina but no penetration, with reference to seriousness factors in English guidelines though not their starting points.

Citation
[2017] 1 JLR 20
Parties
Prosecutor: Attorney General; Defendant: De Oliveira
Jurisdiction
Jersey
Judgment Date
16 January 2017
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Indecent Assault, Sentencing
Criminal Law Indecent Assault Sentencing

Case Brief

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Parties

Attorney General

Prosecutor

De Oliveira

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for indecent assault involving touching without penetration
  2. 2 Applicability of England and Wales Sentencing Council's guidelines in Jersey

Ratio Decidendi

A sentence of 2 years and 8 months' imprisonment was appropriate for indecent assault on a lone intoxicated woman at night, involving touching of the breast and vagina but no penetration, with reference to seriousness factors in English guidelines though not their starting points.

Court Disposition

convicted and sentenced

Orders

  • 2 years 8 months' imprisonment