AG -v- Garcia [2015] JRC 058 (20 March 2015)

AG -v- Garcia [2015] JRC 058 (20 March 2015)

Custodial sentence of 12 months imposed due to seriousness of offence, defendant's age, lack of exceptional circumstances, and insufficient response to prior non-custodial sentences. Notification and restrictive orders are necessary due to ongoing risk of serious sexual harm.

Citation
[2015] JRC 058
Parties
Prosecutor: Crown; Accused: Defendant
Jurisdiction
Jersey
Judgment Date
20 March 2015
Procedural Posture
Criminal / Sentencing
Outcome
conviction and custodial sentence
Legal Topics
Unlawful Sexual Intercourse, Sex Offender Notification, Restrictive Orders, Sentencing of Young Offenders
Criminal Law Unlawful Sexual Intercourse Sex Offender Notification Restrictive Orders Sentencing of Young Offenders

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Parties

Crown

Prosecutor

Defendant

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Sentencing for unlawful sexual intercourse with a minor
  2. 2 Imposition of sex offender notification requirements
  3. 3 Application of restrictive orders under Sex Offenders (Jersey) Law 2010

Ratio Decidendi

Custodial sentence of 12 months imposed due to seriousness of offence, defendant's age, lack of exceptional circumstances, and insufficient response to prior non-custodial sentences. Notification and restrictive orders are necessary due to ongoing risk of serious sexual harm.

Court Disposition

conviction and custodial sentence

Orders

  • 12 months imprisonment
  • Sex Offenders (Jersey) Law 2010 notification requirements for minimum 5 years