AG v De Freitas 4-Oct-2019 [2019] JRC 197 (04 October 2019)

AG v De Freitas 4-Oct-2019 [2019] JRC 197 (04 October 2019)

The Defendant's offending was serious, involving sexual grooming of a real 12-year-old girl and sending indecent messages to someone he believed was 13, with aggravating features including persistence after police involvement, explicit sexual content, and lack of remorse. Custodial sentences were inevitable and necessary to reflect the seriousness and protect the public. Deportation was recommended as the Defendant's continued presence was detrimental to the Island and no sufficient Article 8 family life claim was established.

Citation
[2019] JRC 197
Parties
Defendant: Miguel Freitas; Prosecution: The Crown
Jurisdiction
Jersey
Judgment Date
04 October 2019
Procedural Posture
Criminal / Sentencing Judgment After Guilty Pleas
Outcome
Defendant sentenced to two years and six months' imprisonment; deportation recommended; orders made under Sex Offenders (Jersey) Law 2010; no order as to costs.
Legal Topics
Sexual Grooming, Indecent Communications, Drunk and Disorderly Conduct, Deportation, Sex Offender Notification, Sentencing
Criminal Law Immigration Law Sexual Offences Sexual Grooming Indecent Communications Drunk and Disorderly Conduct Deportation Sex Offender Notification +1 more

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Parties

Miguel Freitas

Defendant

The Crown

Prosecution

Procedural Posture

Criminal / Sentencing Judgment After Guilty Pleas

Legal Issues

  1. 1 Appropriate sentence for sexual grooming of a child under Article 15(5) of the Sexual Offences (Jersey) Law 2018
  2. 2 Appropriate sentence for sending indecent or obscene messages under Article 51(a) of the Telecommunications (Jersey) Law 2002
  3. 3 Appropriate sentence for drunk and disorderly conduct

Ratio Decidendi

The Defendant's offending was serious, involving sexual grooming of a real 12-year-old girl and sending indecent messages to someone he believed was 13, with aggravating features including persistence after police involvement, explicit sexual content, and lack of remorse. Custodial sentences were inevitable and necessary to reflect the seriousness and protect the public. Deportation was recommended as the Defendant's continued presence was detrimental to the Island and no sufficient Article 8 family life claim was established.

Court Disposition

Defendant sentenced to two years and six months' imprisonment; deportation recommended; orders made under Sex Offenders (Jersey) Law 2010; no order as to costs.

Orders

  • Six months' imprisonment for sending indecent messages (Count 1)
  • Two years' imprisonment consecutive for sexual grooming (Count 2)