AG v Le Heuze [2007] JRC 042 (19 February 2007)

AG v Le Heuze [2007] JRC 042 (19 February 2007)

The unacceptable delay in prosecution, which caused particular hardship to the defendant, justified a departure from the custodial sentence that would otherwise have been imposed for possession of child pornography images.

Source-derived case information.

Citation
[2007] JRC 042
Parties
Defendant: Mr Le Heuze; Prosecution: The Crown
Jurisdiction
Jersey
Judgment Date
19 February 2007
Procedural Posture
Criminal / Sentencing
Outcome
non-custodial sentence imposed due to prosecutorial delay
Legal Topics
Child Pornography, Sentencing Delay, Media Reporting, Probation Order, Community Service
Criminal Law Child Pornography Sentencing Delay Media Reporting Probation Order Community Service

Source-derived case record

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Parties

Mr Le Heuze

Defendant

The Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether prosecutorial delay should affect sentencing
  2. 2 Appropriate sentence for possession of child pornography images
  3. 3 Media responsibility in court reporting

Ratio Decidendi

The unacceptable delay in prosecution, which caused particular hardship to the defendant, justified a departure from the custodial sentence that would otherwise have been imposed for possession of child pornography images.

Court Disposition

non-custodial sentence imposed due to prosecutorial delay

Orders

  • Probation Order for 1 year on all counts concurrently
  • Community Service: 50 hours on counts 8-17, 70 hours on count 18, 90 hours on count 19, 100 hours on count 20 (total 100 hours)