AG -v- U [2011] JRC 219 (14 November 2011)

AG -v- U [2011] JRC 219 (14 November 2011)

Sentences for sexual offences against minors and child pornography must reflect aggravating factors including breach of trust, grooming, and filming. Jersey courts exercise independent sentencing jurisdiction, considering but not adopting English guidelines. Consecutive sentences are appropriate for distinct indictments. Restraining orders and forfeiture are justified by risk and nature of offending.

Citation
[2011] JRC 219
Parties
Prosecution: The Crown; Defendant: Defendant (name withheld)
Jurisdiction
Jersey
Judgment Date
14 November 2011
Procedural Posture
Criminal / Sentencing Judgment
Outcome
convicted and sentenced
Legal Topics
Sexual Offences, Child Pornography, Sentencing Guidelines, Breach of Trust, Restraining Orders
Criminal Law Sexual Offences Child Pornography Sentencing Guidelines Breach of Trust Restraining Orders

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Parties

The Crown

Prosecution

Defendant (name withheld)

Defendant

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Appropriate sentencing for indecent assault and procuring acts of gross indecency against a minor
  2. 2 Sentencing for making indecent photographs of children
  3. 3 Application of English sentencing guidelines in Jersey

Ratio Decidendi

Sentences for sexual offences against minors and child pornography must reflect aggravating factors including breach of trust, grooming, and filming. Jersey courts exercise independent sentencing jurisdiction, considering but not adopting English guidelines. Consecutive sentences are appropriate for distinct indictments. Restraining orders and forfeiture are justified by risk and nature of offending.

Court Disposition

convicted and sentenced

Orders

  • 5 years' imprisonment on First Indictment (counts 1, 3, 4, 5, 6, 7, 8, 11, 12)
  • 4 years' imprisonment on First Indictment (counts 9, 10)