AG -v- Bourke [2012] JRC 205 (09 November 2012)

AG -v- Bourke [2012] JRC 205 (09 November 2012)

Given the seriousness and quantity of the images, a custodial sentence is inevitable. Mitigation factors justify a slight reduction from the Crown's submission. Notification and restrictive orders are mandatory under statute.

Citation
[2012] JRC 205
Parties
Defendant: Mr Bourke; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
09 November 2012
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Indecent Images of Children, Sentencing, Sex Offenders Notification, Forfeiture of Equipment, Restrictive Orders
Criminal Law Indecent Images of Children Sentencing Sex Offenders Notification Forfeiture of Equipment Restrictive Orders

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Parties

Mr Bourke

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for making indecent photographs of children
  2. 2 Application of Sex Offenders (Jersey) Law 2010
  3. 3 Imposition of restrictive orders

Ratio Decidendi

Given the seriousness and quantity of the images, a custodial sentence is inevitable. Mitigation factors justify a slight reduction from the Crown's submission. Notification and restrictive orders are mandatory under statute.

Court Disposition

convicted and sentenced

Orders

  • 3 years' imprisonment on Counts 1, 2, and 4; 2 years on Count 3, all concurrent (total 3 years)
  • Forfeiture and destruction of computer and associated equipment