AG v Fernandes 04-Feb-2021 [2021] JRC 049 (04 February 2021)

AG v Fernandes 04-Feb-2021 [2021] JRC 049 (04 February 2021)

The defendant is sentenced to 4 years' imprisonment for rape, reflecting mitigation including absence of violence, good character, and acquittal on second count. Notification requirements and a 5-year restraining order are imposed.

Citation
[2021] JRC 049
Parties
Defendant: Mr Fernandes; Prosecution: Crown; Complainant: Victim
Jurisdiction
Jersey
Judgment Date
04 February 2021
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Rape, Sentencing, Mitigation, Restraining Order, Notification Requirements
Criminal Law Rape Sentencing Mitigation Restraining Order Notification Requirements

Case Brief

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Parties

Mr Fernandes

Defendant

Crown

Prosecution

Victim

Complainant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for rape
  2. 2 mitigating and aggravating factors
  3. 3 notification requirements

Ratio Decidendi

The defendant is sentenced to 4 years' imprisonment for rape, reflecting mitigation including absence of violence, good character, and acquittal on second count. Notification requirements and a 5-year restraining order are imposed.

Court Disposition

convicted and sentenced

Orders

  • 4 years' imprisonment
  • notification requirements under Sex Offenders (Jersey) Law 2010