AG v Le Marquand [2003] JRC 043 (28 February 2003)

AG v Le Marquand [2003] JRC 043 (28 February 2003)

Given the volume and severity of the indecent images, including the highest levels of seriousness, and despite mitigation, the offences are too serious for a non-custodial sentence. Eighteen months' imprisonment is appropriate within the Jersey statutory maximum.

Citation
[2003] JRC 043
Parties
Defendant: Unknown Defendant; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
28 February 2003
Procedural Posture
Criminal / Sentencing Judgment
Outcome
conviction and custodial sentence
Legal Topics
Child Pornography, Sentencing, Forfeiture
Criminal Law Child Pornography Sentencing Forfeiture

Case Brief

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Parties

Unknown Defendant

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Appropriate sentence for possession and making of indecent images of children
  2. 2 Applicability of English sentencing guidelines in Jersey
  3. 3 Consideration of mitigation and maximum sentence

Ratio Decidendi

Given the volume and severity of the indecent images, including the highest levels of seriousness, and despite mitigation, the offences are too serious for a non-custodial sentence. Eighteen months' imprisonment is appropriate within the Jersey statutory maximum.

Court Disposition

conviction and custodial sentence

Orders

  • Fifteen months' imprisonment on count 1
  • Eighteen months' imprisonment, concurrent, on all other counts (total eighteen months)