AG -v- Benest [2012] JRC 139 (20 July 2012)

AG -v- Benest [2012] JRC 139 (20 July 2012)

Given the seriousness of the sexual assault by a stranger, the use of force, and the impact on the victim, a custodial sentence of 3 years is appropriate, with concurrent sentences for related motoring offences and the imposition of notification and restraining orders under the Sex Offenders (Jersey) Law 2010.

Citation
[2012] JRC 139
Parties
Prosecutor: Attorney General; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
20 July 2012
Procedural Posture
Criminal / Sentencing
Outcome
conviction and custodial sentence
Legal Topics
Sexual Offences, Sentencing, Restraining Orders, Notification Requirements
Criminal Law Sexual Offences Sentencing Restraining Orders Notification Requirements

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Parties

Attorney General

Prosecutor

Defendant

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for indecent assault by a stranger
  2. 2 Imposition of notification and restraining orders under Sex Offenders (Jersey) Law 2010

Ratio Decidendi

Given the seriousness of the sexual assault by a stranger, the use of force, and the impact on the victim, a custodial sentence of 3 years is appropriate, with concurrent sentences for related motoring offences and the imposition of notification and restraining orders under the Sex Offenders (Jersey) Law 2010.

Court Disposition

conviction and custodial sentence

Orders

  • 3 years' imprisonment for indecent assault
  • 3 months' imprisonment concurrent on Counts 1 and 8 (driving without insurance)