Leigh v AG [2019] JRC 244A (18 December 2019)

Leigh v AG [2019] JRC 244A (18 December 2019)

The Sentencing Court's error in calculating the number of images at Levels 4 and 5 did not affect the aggravating factor, as the total number of images exceeded 100, justifying the increase in sentence.

Citation
[2019] JRC 244A
Parties
Respondent: Attorney General; Appellant: Leigh
Jurisdiction
Jersey
Judgment Date
18 December 2019
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed in part
Legal Topics
Sentencing, Child Protection, Indecent Images
Criminal Law Sentencing Child Protection Indecent Images

Case Brief

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Parties

Attorney General

Respondent

Leigh

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Sentencing Court erred in its calculation of the number of indecent images at Levels 4 and 5
  2. 2 Whether the aggravating factor in sentencing requires 100 or more images at Levels 4 and 5 or at any level

Ratio Decidendi

The Sentencing Court's error in calculating the number of images at Levels 4 and 5 did not affect the aggravating factor, as the total number of images exceeded 100, justifying the increase in sentence.

Court Disposition

appeal allowed in part

Orders

  • Correction of mathematical miscalculations in the sentencing judgment
  • Confirmation that the aggravating factor is the making of 100 or more images at any level