AG v Y [2023] JRC 191 (20 October 2023)

AG v Y [2023] JRC 191 (20 October 2023)

Deliberate and significant breaches of restraining orders by a high-risk offender, with aggravating features, require a custodial sentence rather than probation, and revocation of existing probation orders is appropriate.

Citation
[2023] JRC 191
Parties
Defendant: Y; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
20 October 2023
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Breach of Restraining Order, Sentencing, Sexual Offences, Probation Breach
Criminal Law Breach of Restraining Order Sentencing Sexual Offences Probation Breach

Case Brief

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Parties

Y

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the defendant breached a restraining order
  2. 2 Appropriate sentence for breach of restraining order
  3. 3 Whether probation order should be imposed or revoked

Ratio Decidendi

Deliberate and significant breaches of restraining orders by a high-risk offender, with aggravating features, require a custodial sentence rather than probation, and revocation of existing probation orders is appropriate.

Court Disposition

convicted and sentenced

Orders

  • 21 months' imprisonment (counts concurrent)
  • revocation of two probation orders