AG -v- Ybert [2011] JRC 058 (18 March 2011)

AG -v- Ybert [2011] JRC 058 (18 March 2011)

Exceptional circumstances advanced by the accused were not sufficient to avoid a custodial sentence; the offending was serious and a 12-month imprisonment was proportionate. A 5-year minimum period before applying to lift notification requirements was justified based on expert reports and risk assessment.

Citation
[2011] JRC 058
Parties
Accused: Mr Ybert; Prosecutor: The Crown
Jurisdiction
Jersey
Judgment Date
18 March 2011
Procedural Posture
Criminal / Sentencing Judgment
Outcome
conviction and sentencing
Legal Topics
Sex Offences, Notification Requirements, Sentencing, Forfeiture of Property
Criminal Law Sex Offences Notification Requirements Sentencing Forfeiture of Property

Case Brief

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Parties

Mr Ybert

Accused

The Crown

Prosecutor

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 minimum period for notification requirements under Sex Offenders (Jersey) Law 2010
  2. 2 whether exceptional circumstances exist to avoid custodial sentence
  3. 3 appropriate length of custodial sentence

Ratio Decidendi

Exceptional circumstances advanced by the accused were not sufficient to avoid a custodial sentence; the offending was serious and a 12-month imprisonment was proportionate. A 5-year minimum period before applying to lift notification requirements was justified based on expert reports and risk assessment.

Court Disposition

conviction and sentencing

Orders

  • 12 months' imprisonment
  • forfeiture of computer and other computer equipment