AG -v- Barnett [2016] JRC 011 (19 January 2016)

AG -v- Barnett [2016] JRC 011 (19 January 2016)

Presence of images at Copine levels 4 and 5 necessitates a custodial sentence; mitigation factors allow reduction from the Crown's proposed 3 years to 2 years' imprisonment.

Citation
[2016] JRC 011
Parties
Defendant: [Defendant Name Not Provided]; Prosecutor: Crown
Jurisdiction
Jersey
Judgment Date
19 January 2016
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Possession of Indecent Images, Making Indecent Images, Sentencing, Child Protection
Criminal Law Possession of Indecent Images Making Indecent Images Sentencing Child Protection

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Parties

[Defendant Name Not Provided]

Defendant

Crown

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for possession and making of indecent photographs of children
  2. 2 Impact of image severity levels on sentencing
  3. 3 Mitigation factors in sentencing

Ratio Decidendi

Presence of images at Copine levels 4 and 5 necessitates a custodial sentence; mitigation factors allow reduction from the Crown's proposed 3 years to 2 years' imprisonment.

Court Disposition

convicted and sentenced

Orders

  • 18 months' imprisonment on Count 1 (possession)
  • 2 years' imprisonment on Count 2 (making), concurrent