AG -v- Santos [2015] JRC 077 (22 April 2015)

AG -v- Santos [2015] JRC 077 (22 April 2015)

The seriousness of the attempted rape and indecent assaults, including abduction, violence, threats, and degradation, justified an 11-year starting point. No reduction was warranted for attempt due to the aggravated circumstances and near completion. Mitigation for early guilty plea reduced the sentence to 7 years....

Source-derived case information.

Citation
[2015] JRC 077
Parties
Prosecution: The Crown; Defendant: Defendant (Portuguese national, unnamed)
Jurisdiction
Jersey
Judgment Date
22 April 2015
Procedural Posture
Criminal / Sentencing Judgment
Outcome
conviction and sentence imposed
Legal Topics
Attempted Rape, Indecent Assault, Sentencing, Aggravating Factors, Mitigation, Deportation, Sex Offenders Register
Criminal Law Attempted Rape Indecent Assault Sentencing Aggravating Factors Mitigation Deportation Sex Offenders Register

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Parties

The Crown

Prosecution

Defendant (Portuguese national, unnamed)

Defendant

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Appropriate sentence for attempted rape and indecent assault with aggravating factors
  2. 2 Application of sentencing guidelines for rape and attempted rape
  3. 3 Consideration of mitigation and guilty plea

Ratio Decidendi

The seriousness of the attempted rape and indecent assaults, including abduction, violence, threats, and degradation, justified an 11-year starting point. No reduction was warranted for attempt due to the aggravated circumstances and near completion. Mitigation for early guilty plea reduced the sentence to 7 years. Deportation was not recommended due to family impact, despite public interest arguments.

Court Disposition

conviction and sentence imposed

Orders

  • 7 years' imprisonment for attempted rape (Count 1)
  • 4 years' imprisonment for each indecent assault (Counts 2 and 3), concurrent