AG v Y [2017] JRC 093 (15 June 2017)

AG v Y [2017] JRC 093 (15 June 2017)

The defendant committed incest with his 14-year-old half-sister, who could not consent, making the offence equivalent to rape. The seriousness of the offence, the impact on the victim, and the risk of re-offending justified a custodial sentence of 4 years and 9 months, with additional notification and restraining orders to protect the public.

Citation
[2017] JRC 093
Parties
Defendant: Mr Y
Jurisdiction
Jersey
Judgment Date
15 June 2017
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Incest, Resisting Arrest, Breach of Probation, Sexual Offences, Sentencing, Restraining Orders
Criminal Law Incest Resisting Arrest Breach of Probation Sexual Offences Sentencing Restraining Orders

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Parties

Mr Y

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for incest with a minor half-sister
  2. 2 appropriate sentence for resisting arrest
  3. 3 consequences of breaching probation order

Ratio Decidendi

The defendant committed incest with his 14-year-old half-sister, who could not consent, making the offence equivalent to rape. The seriousness of the offence, the impact on the victim, and the risk of re-offending justified a custodial sentence of 4 years and 9 months, with additional notification and restraining orders to protect the public.

Court Disposition

convicted and sentenced

Orders

  • 4 years and 6 months' imprisonment for incest (Count 1)
  • 1 month's imprisonment for resisting arrest (Count 2), concurrent