H -v- AG [2014] JRC 226 (18 November 2014)

H -v- AG [2014] JRC 226 (18 November 2014)

On the unusual facts of this case, including the applicant's age at the time of offending, exemplary conduct since, lack of re-offending, and the nature of the risk assessment, the risk of sexual harm does not justify continued notification requirements; the requirement is discharged.

Citation
[2014] JRC 226
Parties
Applicant: Representor; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
18 November 2014
Procedural Posture
Application Under Article 5(5) of the Sex Offenders (jersey) Law 2010 / Post Sentencing, Application for Discharge From Notification Requirement
Outcome
notification requirement discharged
Legal Topics
Notification Requirements, Risk Assessment, Discharge From Sex Offender Registry
Criminal Law Sexual Offences Child Protection Notification Requirements Risk Assessment Discharge From Sex Offender Registry

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 3 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Representor

Applicant

Attorney General

Respondent

Procedural Posture

Application Under Article 5(5) of the Sex Offenders (jersey) Law 2010 / Post Sentencing, Application for Discharge From Notification Requirement

Legal Issues

  1. 1 Whether the applicant should be discharged from the notification requirement under Article 6 of the Sex Offenders (Jersey) Law 2010
  2. 2 Whether the risk of sexual harm posed by the applicant justifies continued notification requirements

Ratio Decidendi

On the unusual facts of this case, including the applicant's age at the time of offending, exemplary conduct since, lack of re-offending, and the nature of the risk assessment, the risk of sexual harm does not justify continued notification requirements; the requirement is discharged.

Court Disposition

notification requirement discharged

Orders

  • Applicant is no longer subject to the notification requirement under Article 6 of the Sex Offenders (Jersey) Law 2010