AG -v- Facchino [2008] JRC 056 (04 April 2008)

AG -v- Facchino [2008] JRC 056 (04 April 2008)

A custodial sentence of 6 months, suspended for 12 months, is appropriate given the nature of the offence, the defendant's lack of previous convictions, and the need for deterrence and societal condemnation.

Citation
[2008] JRC 056
Parties
Defendant: Facchino; Prosecution: The Crown
Jurisdiction
Jersey
Judgment Date
04 April 2008
Procedural Posture
Criminal / Sentencing
Outcome
6 months' custodial sentence suspended for 12 months on both counts concurrent; forfeiture and destruction of computers ordered.
Legal Topics
Sentencing, Possession of Indecent Images, Forfeiture of Property
Criminal Law Sentencing Possession of Indecent Images Forfeiture of Property

Case Brief

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Parties

Facchino

Defendant

The Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for possession of indecent images
  2. 2 weight to be given to good character
  3. 3 forfeiture of computers

Ratio Decidendi

A custodial sentence of 6 months, suspended for 12 months, is appropriate given the nature of the offence, the defendant's lack of previous convictions, and the need for deterrence and societal condemnation.

Court Disposition

6 months' custodial sentence suspended for 12 months on both counts concurrent; forfeiture and destruction of computers ordered.

Orders

  • 6 months' custodial sentence suspended for 12 months
  • forfeiture and destruction of computers