AG v Kearns [2003] JRC 141 (04 August 2003)

AG v Kearns [2003] JRC 141 (04 August 2003)

The sentence was determined by weighing the absence of violence, consensual sexual activity, the complainant's age and sexual experience, the accused's guilty plea, and lack of prior sexual offences, resulting in mitigation from the starting point.

Citation
[2003] JRC 141
Parties
Accused: Kearns; Prosecution: Crown Advocate Gollop
Jurisdiction
Jersey
Judgment Date
04 August 2003
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Rape, Sentencing, Mitigation, Child Victim
Criminal Law Rape Sentencing Mitigation Child Victim

Case Brief

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Parties

Kearns

Accused

Crown Advocate Gollop

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for rape
  2. 2 mitigating and aggravating factors
  3. 3 definition of child under Jersey law

Ratio Decidendi

The sentence was determined by weighing the absence of violence, consensual sexual activity, the complainant's age and sexual experience, the accused's guilty plea, and lack of prior sexual offences, resulting in mitigation from the starting point.

Court Disposition

convicted and sentenced

Orders

  • Kearns sentenced to two years imprisonment