AG -v- K [2016] JRC 158 (09 September 2016)

AG -v- K [2016] JRC 158 (09 September 2016)

The Court held that, given the gravity of the offences—repeated oral rape of a child aged 7 and 9 by her stepfather involving blindfolding, tying up, and ejaculation—sentencing levels in Jersey should be increased to reflect the seriousness now recognised in England and Wales. The Court was not bound by previous Jersey sentencing precedents and found the English Sentencing Council Guidelines for rape of a child under 13 to be helpful and appropriate for this jurisdiction. Accordingly, a sentence higher than that under the Milberry guidelines was justified.

Citation
[2016] JRC 158
Parties
Prosecutor: Attorney General; Defendant: Defendant (Name not disclosed)
Jurisdiction
Jersey
Judgment Date
09 September 2016
Procedural Posture
Criminal / Sentencing After Guilty Plea
Outcome
Convicted and sentenced
Legal Topics
Sentencing, Sexual Offences, Child Abuse, Indecent Assault, Comparative Sentencing
Criminal Law Sentencing Sexual Offences Child Abuse Indecent Assault Comparative Sentencing

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Parties

Attorney General

Prosecutor

Defendant (Name not disclosed)

Defendant

Procedural Posture

Criminal / Sentencing After Guilty Plea

Legal Issues

  1. 1 What is the appropriate sentencing level for two counts of indecent assault involving oral penetration of a child under 13 by her stepfather?
  2. 2 Should Jersey courts align sentencing for such offences with the higher levels now applied in England and Wales under Sentencing Council Guidelines?
  3. 3 Is the Court bound by previous Jersey sentencing precedents or can it adopt new guidelines reflecting changes in English law?

Ratio Decidendi

The Court held that, given the gravity of the offences—repeated oral rape of a child aged 7 and 9 by her stepfather involving blindfolding, tying up, and ejaculation—sentencing levels in Jersey should be increased to reflect the seriousness now recognised in England and Wales. The Court was not bound by previous Jersey sentencing precedents and found the English Sentencing Council Guidelines for rape of a child under 13 to be helpful and appropriate for this jurisdiction. Accordingly, a sentence higher than that under the Milberry guidelines was justified.

Court Disposition

Convicted and sentenced

Orders

  • Defendant sentenced to 10 years' imprisonment on each count, to run concurrently, reflecting the gravity of the offences and the uplift for multiple offences.