AG -v- Gomes [2013] JRC 020 (25 January 2013)

AG -v- Gomes [2013] JRC 020 (25 January 2013)

The defendant's conduct in committing an indecent assault on a vulnerable woman in her home and subsequently carrying a knife in a public place with intent to cause injury warranted consecutive custodial sentences of 12 months each, reflecting both the seriousness of the offences and the need for deterrence. The notification requirements under the Sex Offenders (Jersey) Law 2010 apply for a minimum of five years, with no exceptional reasons to disapply.

Citation
[2013] JRC 020
Parties
Defendant: Defendant; Prosecutor: Crown; Complainant: Victim
Jurisdiction
Jersey
Judgment Date
25 January 2013
Procedural Posture
Criminal / Sentencing Judgment With Reasons
Outcome
convicted and sentenced
Legal Topics
Indecent Assault, Possession of Offensive Weapon, Sentencing, Sex Offenders Register, Interpretation of Statutes
Criminal Law Indecent Assault Possession of Offensive Weapon Sentencing Sex Offenders Register Interpretation of Statutes

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Defendant

Defendant

Crown

Prosecutor

Victim

Complainant

Procedural Posture

Criminal / Sentencing Judgment With Reasons

Legal Issues

  1. 1 Appropriate sentence for indecent assault at lower end of spectrum
  2. 2 Appropriate sentence for possession of offensive weapon in public place
  3. 3 Interpretation of 'offensive weapon' under Firearms (Jersey) Law 2000

Ratio Decidendi

The defendant's conduct in committing an indecent assault on a vulnerable woman in her home and subsequently carrying a knife in a public place with intent to cause injury warranted consecutive custodial sentences of 12 months each, reflecting both the seriousness of the offences and the need for deterrence. The notification requirements under the Sex Offenders (Jersey) Law 2010 apply for a minimum of five years, with no exceptional reasons to disapply.

Court Disposition

convicted and sentenced

Orders

  • 12 months' imprisonment on count 1 (indecent assault)
  • 12 months' imprisonment on count 2 (possession of offensive weapon), consecutive to count 1