State of New Jersey, Plaintiff-Respondent v. Mark Jabbour, Defendant-Appellant

Summary

The Supreme Court of New Jersey reversed the Appellate Division and remanded for resentencing, holding that the trial court improperly applied the presumption of imprisonment and the "serious injustice" exception in sentencing a second‑degree sexual assault offender to probation. The Court found the mitigating factors relied upon were insufficiently supported and emphasized that sentencing must focus on the offense, not the offender.