AG -v- Roque [2013] JRC 037 (15 February 2013)

AG -v- Roque [2013] JRC 037 (15 February 2013)

The court, by a marginal decision, imposed a probation order and community service rather than custody and deportation, balancing the risk to the public against the interests of the defendant's family and the potential for rehabilitation through probation and participation in a sexual offending programme.

Citation
[2013] JRC 037
Parties
Defendant: [Defendant Name Not Provided]; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
15 February 2013
Procedural Posture
Criminal / Sentencing
Outcome
community service and probation order imposed; no deportation; subject to sex offender notification requirements
Legal Topics
Indecent Assault, Contempt of Court, Sentencing, Deportation, Probation, Community Service, Sex Offenders Register
Criminal Law Indecent Assault Contempt of Court Sentencing Deportation Probation Community Service Sex Offenders Register

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Parties

[Defendant Name Not Provided]

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for indecent assault and contempt of court
  2. 2 Whether to impose deportation order
  3. 3 Application of Sex Offenders (Jersey) Law 2010

Ratio Decidendi

The court, by a marginal decision, imposed a probation order and community service rather than custody and deportation, balancing the risk to the public against the interests of the defendant's family and the potential for rehabilitation through probation and participation in a sexual offending programme.

Court Disposition

community service and probation order imposed; no deportation; subject to sex offender notification requirements

Orders

  • Community Service Order of 180 hours on Count 1 (indecent assault)
  • Community Service Order of 90 hours on Count 2 (contempt of court), to be served concurrently