AG -v- A [2018] JRC 079B (27 April 2018)

AG -v- A [2018] JRC 079B (27 April 2018)

The defendant breached the restraining order by downloading applications that could delete or disguise internet history, even though he did not intend to do so. Given the high risk of sexual reconviction and the need to protect the public, the restraining order must be revised and extended. The sentence for breach is time served, considering the early guilty plea and time already spent in custody.

Citation
[2018] JRC 079B
Parties
Defendant: Defendant; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
27 April 2018
Procedural Posture
Criminal / Sentencing and Restraining Order Revision
Outcome
Defendant sentenced to time served; restraining order revised and extended for 10 years from today's date.
Legal Topics
Breach of Restraining Order, Sexual Offences, Sentencing, Restraining Order Revision
Criminal Law Breach of Restraining Order Sexual Offences Sentencing Restraining Order Revision

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Parties

Defendant

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Sentencing and Restraining Order Revision

Legal Issues

  1. 1 Whether the defendant breached the restraining order imposed in 2012
  2. 2 Whether the restraining order should be revised and extended
  3. 3 Appropriate sentence for breach of restraining order

Ratio Decidendi

The defendant breached the restraining order by downloading applications that could delete or disguise internet history, even though he did not intend to do so. Given the high risk of sexual reconviction and the need to protect the public, the restraining order must be revised and extended. The sentence for breach is time served, considering the early guilty plea and time already spent in custody.

Court Disposition

Defendant sentenced to time served; restraining order revised and extended for 10 years from today's date.

Orders

  • Defendant sentenced to time served for two counts of breaching restraining order, sentences to run concurrently.
  • Restraining order revised as per Crown's proposal with amendment regarding police access to accommodation.