AG -v- H [2013] JRC 010 (16 January 2013)

AG -v- H [2013] JRC 010 (16 January 2013)

Custodial sentences are mandatory for indecent assault on children unless exceptional circumstances exist. The offences, though at the lower end of seriousness, involved multiple victims, breaches of trust, and occurred over several years. Substantial mitigation was considered, resulting in a reduced concurrent sentence of 2½ years. Compensation and costs orders were imposed, but restraining orders were declined due to insufficient risk.

Citation
[2013] JRC 010
Parties
Prosecution: The Prosecution; Defence: Mr Baker; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
16 January 2013
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentencing
Legal Topics
Indecent Assault, Sentencing, Child Protection, Mitigation, Compensation, Restraining Orders
Criminal Law Indecent Assault Sentencing Child Protection Mitigation Compensation Restraining Orders

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Parties

The Prosecution

Prosecution

Mr Baker

Defence

Defendant

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for indecent assault against children
  2. 2 Consideration of mitigation and aggravating factors
  3. 3 Application of custodial sentence policy

Ratio Decidendi

Custodial sentences are mandatory for indecent assault on children unless exceptional circumstances exist. The offences, though at the lower end of seriousness, involved multiple victims, breaches of trust, and occurred over several years. Substantial mitigation was considered, resulting in a reduced concurrent sentence of 2½ years. Compensation and costs orders were imposed, but restraining orders were declined due to insufficient risk.

Court Disposition

conviction and sentencing

Orders

  • 2½ years' imprisonment on each of Counts 1, 2, 4, 6 and 7, concurrent
  • Compensation order: £5,000 each to Victim 2 and Victim 3 within three months, default 3 months' imprisonment consecutive