AG v De Oliveira [2017] JRC 011 (16 January 2017)

AG v De Oliveira [2017] JRC 011 (16 January 2017)

The appropriate starting point for sentencing, including aggravating factors, was 4 years' imprisonment for stalking and assaulting a vulnerable intoxicated woman, reduced to 2 years and 8 months for full credit for early guilty plea. Restraining orders and sex offender notification requirements were imposed for 7 years as proportionate measures.

Citation
[2017] JRC 011
Parties
Prosecution: The Crown; Defendant: Defendant; Victim: Victim
Jurisdiction
Jersey
Judgment Date
16 January 2017
Procedural Posture
Criminal / Sentencing Judgment
Outcome
conviction and sentence imposed
Legal Topics
Indecent Assault, Sentencing, Restraining Orders, Sex Offender Notification
Criminal Law Indecent Assault Sentencing Restraining Orders Sex Offender Notification

Case Brief

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Parties

The Crown

Prosecution

Defendant

Defendant

Victim

Victim

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 appropriate sentence for indecent assault not involving penetration
  2. 2 application of Sentencing Council Guidelines in Jersey
  3. 3 credit for early guilty plea

Ratio Decidendi

The appropriate starting point for sentencing, including aggravating factors, was 4 years' imprisonment for stalking and assaulting a vulnerable intoxicated woman, reduced to 2 years and 8 months for full credit for early guilty plea. Restraining orders and sex offender notification requirements were imposed for 7 years as proportionate measures.

Court Disposition

conviction and sentence imposed

Orders

  • Imprisonment for 2 years and 8 months
  • Sex offender notification requirements for 7 years