AG -v- G [2011] JRC 214 (04 November 2011)

AG -v- G [2011] JRC 214 (04 November 2011)

The breach was inadvertent, brief, and not deliberate; the defendant did not know prohibited persons would be present and failed only to remove himself promptly. Given time served on remand, a probation order is appropriate rather than imprisonment or community service.

Citation
[2011] JRC 214
Parties
Defendant: Defendant; Prosecutor: Crown
Jurisdiction
Jersey
Judgment Date
04 November 2011
Procedural Posture
Criminal / Sentencing
Outcome
Probation order imposed
Legal Topics
Breach of Restraining Order, Sex Offender Notification, Sentencing Guidelines
Criminal Law Breach of Restraining Order Sex Offender Notification Sentencing Guidelines

Case Brief

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Parties

Defendant

Defendant

Crown

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether breach of restraining order under Sex Offenders (Jersey) Law 2010 merits imprisonment
  2. 2 Appropriate sentence for inadvertent breach

Ratio Decidendi

The breach was inadvertent, brief, and not deliberate; the defendant did not know prohibited persons would be present and failed only to remove himself promptly. Given time served on remand, a probation order is appropriate rather than imprisonment or community service.

Court Disposition

Probation order imposed

Orders

  • Probation Order of 6 months imposed
  • Defendant remains subject to notification requirements and restraining orders