AG v Roberts (Royal Court : Sentencing (Criminal)) [2025] JRC 081 (24 March 2025)

AG v Roberts (Royal Court : Sentencing (Criminal)) [2025] JRC 081 (24 March 2025)

The Court held that Jersey is not bound by English sentencing guidelines or the Millberry case for rape sentencing. Instead, Jersey courts must set their own sentencing policy, using English guidelines only as a cross-check for harm and culpability factors. The Court determined that sentences for rape of adults in Jersey have historically been too low and should be increased to reflect modern understanding of the harm caused and societal standards. The Court imposed a total sentence of 15 years' imprisonment, with detailed concurrent and consecutive terms for each count, and made orders under the Sexual Offences (Jersey) Law 2018 and Domestic Abuse (Jersey) Law 2022.

Citation
[2025] JRC 081
Parties
Defendant: Gavin Neil Roberts; Prosecution: Attorney General
Jurisdiction
Jersey
Judgment Date
24 March 2025
Procedural Posture
Criminal / Sentencing Judgment
Outcome
Convicted and sentenced
Legal Topics
Sentencing, Sexual Offences, Rape, Assault, Voyeurism, Judicial Guidelines, Comparative Sentencing
Criminal Law Sentencing Sexual Offences Rape Assault Voyeurism Judicial Guidelines Comparative Sentencing

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Parties

Gavin Neil Roberts

Defendant

Attorney General

Prosecution

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Appropriate sentencing approach for rape and sexual offences in Jersey
  2. 2 Relevance of English Sentencing Council Guidelines and Millberry guidelines in Jersey
  3. 3 Need for upward review of sentencing levels for rape of adults

Ratio Decidendi

The Court held that Jersey is not bound by English sentencing guidelines or the Millberry case for rape sentencing. Instead, Jersey courts must set their own sentencing policy, using English guidelines only as a cross-check for harm and culpability factors. The Court determined that sentences for rape of adults in Jersey have historically been too low and should be increased to reflect modern understanding of the harm caused and societal standards. The Court imposed a total sentence of 15 years' imprisonment, with detailed concurrent and consecutive terms for each count, and made orders under the Sexual Offences (Jersey) Law 2018 and Domestic Abuse (Jersey) Law 2022.

Court Disposition

Convicted and sentenced

Orders

  • Total sentence of 15 years' imprisonment imposed as follows: Count 1 (grave and criminal assault) - 18 months imprisonment; Count 2 (rape) - 11 years imprisonment; Counts 3 and 4 (sexual penetration without consent) - 7 years imprisonment each, concurrent with Count 2; Counts 5 and 6 (grave and criminal assault) - 2...