AG v Ben-Fradj 23-Oct-2020 [2020] JRC 225 (23 October 2020)

AG v Ben-Fradj 23-Oct-2020 [2020] JRC 225 (23 October 2020)

Custodial sentence is justified due to aggravating factors including prior conviction, offending while on the Sex Offenders Register, and impact on victim; deportation is recommended as defendant's presence is detrimental to the Island and human rights considerations are outweighed.

Citation
[2020] JRC 225
Parties
Prosecution: Crown; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
23 October 2020
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Sexual Offences, Sentencing, Deportation, Sex Offenders Register
Criminal Law Sexual Offences Sentencing Deportation Sex Offenders Register

Case Brief

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Parties

Crown

Prosecution

Defendant

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for sexual touching without consent
  2. 2 aggravating and mitigating factors
  3. 3 deportation criteria

Ratio Decidendi

Custodial sentence is justified due to aggravating factors including prior conviction, offending while on the Sex Offenders Register, and impact on victim; deportation is recommended as defendant's presence is detrimental to the Island and human rights considerations are outweighed.

Court Disposition

convicted and sentenced

Orders

  • 12 months imprisonment
  • 6 years before application for removal from Sex Offenders Register