AG -v- E and F [2015] JRC 134 (22 June 2015)

AG -v- E and F [2015] JRC 134 (22 June 2015)

The court followed the approach in R-v-Hall and Others, imposing sentences based on current legislative provisions but limited to maximums at the time of offence, and determined that E's offending was so serious as to require a custodial sentence, while F's involvement and mitigation warranted non-custodial orders.

Citation
[2015] JRC 134
Parties
Defendant: E; Defendant: F; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
22 June 2015
Procedural Posture
Criminal / Sentencing
Outcome
E sentenced to 4.5 years' imprisonment; F given 12-month probation order and 12-month binding over order; notification requirements imposed; forfeiture and destruction of photographs ordered.
Legal Topics
Sex Offences, Sentencing, Young Offenders, Notification Requirements, Probation Orders, Forfeiture
Criminal Law Sex Offences Sentencing Young Offenders Notification Requirements Probation Orders Forfeiture

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Parties

E

Defendant

F

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentencing for offences committed by young persons now adults
  2. 2 Application of notification requirements under Sex Offenders (Jersey) Law 2010
  3. 3 Custodial vs non-custodial sentences for young offenders

Ratio Decidendi

The court followed the approach in R-v-Hall and Others, imposing sentences based on current legislative provisions but limited to maximums at the time of offence, and determined that E's offending was so serious as to require a custodial sentence, while F's involvement and mitigation warranted non-custodial orders.

Court Disposition

E sentenced to 4.5 years' imprisonment; F given 12-month probation order and 12-month binding over order; notification requirements imposed; forfeiture and destruction of photographs ordered.

Orders

  • E: Notification requirements for 6 years under Sex Offenders (Jersey) Law 2010
  • E: 4.5 years' imprisonment (15 months for indecent assault, 2 years for gross indecency concurrent, 2 years 6 months for attempted incest consecutive)