AG v B [2020] JRC 110 (08 June 2020)

AG v B [2020] JRC 110 (08 June 2020)

The appropriate sentence for a single count of marital rape, without significantly aggravating features and with some mitigation for good character, is four and a half years' imprisonment, applying the Milberry guidelines. The presence of children was not treated as an aggravating factor due to the consensual sexual history in similar circumstances. Notification requirements and restraining orders were imposed for the protection of the complainant.

Citation
[2020] JRC 110
Parties
Defendant: The Defendant; Complainant: The Complainant; Prosecution: Crown Advocate Thomas
Jurisdiction
Jersey
Judgment Date
08 June 2020
Procedural Posture
Criminal / Sentencing After Conviction by Jury
Outcome
convicted and sentenced
Legal Topics
Rape, Sentencing, Relationship Rape, Mitigation, Aggravating Factors, Victim Personal Statement, Notification Requirements, Restraining Order
Criminal Law Rape Sentencing Relationship Rape Mitigation Aggravating Factors Victim Personal Statement Notification Requirements +1 more

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Parties

The Defendant

Defendant

The Complainant

Complainant

Crown Advocate Thomas

Prosecution

Procedural Posture

Criminal / Sentencing After Conviction by Jury

Legal Issues

  1. 1 Appropriate sentence for marital rape
  2. 2 Effect of relationship on mitigation
  3. 3 Aggravating factors including presence of children

Ratio Decidendi

The appropriate sentence for a single count of marital rape, without significantly aggravating features and with some mitigation for good character, is four and a half years' imprisonment, applying the Milberry guidelines. The presence of children was not treated as an aggravating factor due to the consensual sexual history in similar circumstances. Notification requirements and restraining orders were imposed for the protection of the complainant.

Court Disposition

convicted and sentenced

Orders

  • Four and a half years' imprisonment on one count of rape
  • Defendant subject to notification requirements under Sex Offenders (Jersey) Law 2010 for five years before eligible to apply for release