AG -v- Brown [2015] JRC 062 (27 March 2015)

AG -v- Brown [2015] JRC 062 (27 March 2015)

Court policy mandates custodial sentences for offences involving indecent images of children at Copine scale levels 4 and 5 unless exceptional circumstances are found; mitigation in this case was not sufficient to justify deviation from policy.

Citation
[2015] JRC 062
Parties
Defendant: Unknown Defendant; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
27 March 2015
Procedural Posture
Criminal / Sentencing
Outcome
conviction and custodial sentence
Legal Topics
Indecent Images of Children, Sentencing, Mitigation, Copine Scale
Criminal Law Indecent Images of Children Sentencing Mitigation Copine Scale

Case Brief

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Parties

Unknown Defendant

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for downloading indecent images of children at Copine scale levels 4 and 5
  2. 2 Whether exceptional circumstances justify a non-custodial sentence

Ratio Decidendi

Court policy mandates custodial sentences for offences involving indecent images of children at Copine scale levels 4 and 5 unless exceptional circumstances are found; mitigation in this case was not sufficient to justify deviation from policy.

Court Disposition

conviction and custodial sentence

Orders

  • 12 months' imprisonment on Counts 1 and 2, 2 months' imprisonment on Count 3, all concurrent
  • Notification requirements for 5 years