AG -v- T [2009] JRC 228 (27 November 2009)

AG -v- T [2009] JRC 228 (27 November 2009)

A custodial sentence is required for historical sexual offences against a child by a foster parent, even after a long period without re-offending and significant mitigation, to reflect the seriousness of the breach of trust and societal condemnation.

Citation
[2009] JRC 228
Parties
Prosecutor: Attorney General; Defendant: Defendant (unnamed)
Jurisdiction
Jersey
Judgment Date
27 November 2009
Procedural Posture
Criminal / Sentencing
Outcome
Conviction; custodial sentence imposed
Legal Topics
Sexual Offences, Sentencing, Historical Abuse, Mitigation
Criminal Law Sexual Offences Sentencing Historical Abuse Mitigation

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Parties

Attorney General

Prosecutor

Defendant (unnamed)

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for historical sexual offences against a child by a foster parent
  2. 2 Consideration of mitigation in sentencing for sexual offences

Ratio Decidendi

A custodial sentence is required for historical sexual offences against a child by a foster parent, even after a long period without re-offending and significant mitigation, to reflect the seriousness of the breach of trust and societal condemnation.

Court Disposition

Conviction; custodial sentence imposed

Orders

  • 12 months' imprisonment, concurrent on each count