AG v E [2023] JRC 044 (17 March 2023)

AG v E [2023] JRC 044 (17 March 2023)

The appropriate sentence for the Defendant, considering the facts, harm, culpability, aggravating and mitigating factors, and the delay in proceedings, is 9.5 years' imprisonment on Count 1 and 6 years concurrent on Counts 2 and 3, with a 13-year notification period under the Sex Offenders (Jersey) Law 2010 and restraining orders imposed.

Citation
[2023] JRC 044
Parties
Prosecutor: Attorney General; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
17 March 2023
Procedural Posture
Criminal / Sentencing Judgment
Outcome
conviction and sentence imposed
Legal Topics
Rape, Sentencing, Sex Offenders Register, Restraining Orders
Criminal Law Rape Sentencing Sex Offenders Register Restraining Orders

Case Brief

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Parties

Attorney General

Prosecutor

Defendant

Defendant

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 appropriate sentence for rape offences
  2. 2 application of sentencing guidelines
  3. 3 assessment of harm and culpability

Ratio Decidendi

The appropriate sentence for the Defendant, considering the facts, harm, culpability, aggravating and mitigating factors, and the delay in proceedings, is 9.5 years' imprisonment on Count 1 and 6 years concurrent on Counts 2 and 3, with a 13-year notification period under the Sex Offenders (Jersey) Law 2010 and restraining orders imposed.

Court Disposition

conviction and sentence imposed

Orders

  • 9.5 years' imprisonment on Count 1
  • 6 years' imprisonment concurrent on Counts 2 and 3