AG -v- Dickinson [2005] JRC 135 (30 September 2005)

AG -v- Dickinson [2005] JRC 135 (30 September 2005)

The seriousness of the offences, particularly unlawful sexual intercourse with a 13-year-old girl while the defendant was 18 and the victim intoxicated, outweighed the mitigation, necessitating a custodial sentence. However, due to the defendant's youth and mitigation, sentences were made concurrent.

Citation
[2005] JRC 135
Parties
Defendant: [Defendant Name Not Provided]; Prosecution: The Crown
Jurisdiction
Jersey
Judgment Date
30 September 2005
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Unlawful Sexual Intercourse, Larceny, Sentencing, Youth Offenders
Criminal Law Unlawful Sexual Intercourse Larceny Sentencing Youth Offenders

Case Brief

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Parties

[Defendant Name Not Provided]

Defendant

The Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the defendant should receive a custodial or non-custodial sentence for unlawful sexual intercourse with a minor and related offences
  2. 2 Appropriate sentencing structure for multiple offences committed by a youth

Ratio Decidendi

The seriousness of the offences, particularly unlawful sexual intercourse with a 13-year-old girl while the defendant was 18 and the victim intoxicated, outweighed the mitigation, necessitating a custodial sentence. However, due to the defendant's youth and mitigation, sentences were made concurrent.

Court Disposition

convicted and sentenced

Orders

  • Count 1: £400 fine or 1 month's youth detention in default
  • Count 2: 6 months' youth detention