Superior Number Sentencing – indecent assault – unlawful
sexual intercourse – procuring an act of gross indecency –
attempting to procure an act of gross indecency.
[2015]JRC262B
Royal Court
(Samedi)
17 December 2015
|
Before :
|
T. J. Le Cocq, Esq., Deputy Bailiff, and
Jurats Olsen Blampied, Ramsden, Thomas, and Ronge.
|
The Attorney General
-v-
J
Sentencing by the
Superior Number of the Royal Court, to which the accused was remanded by the
Inferior Number on 2nd October, 2015, following guilty pleas to the
following charges:
|
3 counts of:
|
Indecent assault (Counts 1, 6 and 7).
|
|
1 count of:
|
Unlawful sexual intercourse, contrary to
Article 4(1) of the Loi (1895)
Modifiant le Droit Criminel (Count 2a).
|
|
2 counts of:
|
Procuring an act of gross indecency (Counts
4 and 5).
|
|
1 count of:
|
Attempting to procure an act of gross
indecency (Count 8).
|
Age: 24.
Plea: Guilty.
Details of Offence:
The defendant had been in a
relationship with the victim’s mother since 2009. The victim called the defendant
“dad.”
The victim, aged 14, made a
complaint following a lesson at school about safe relationships and
consent. During two Achieving Best
Evidence interviews the victim stated that she has been subjected to sexual abuse
since she was 13 years old.
The first offence occurred when the
victim was aged 13. The defendant
performed oral sex on the victim and digitally penetrated her while she was in
bed (Count 1). On the same occasion
the defendant inserted the tip of his penis into the victim’s vagina
(Count 2a). He desisted as soon as
the victim told him to stop. The
victim also disclosed that the defendant had performed oral sex on her on
another occasion prior to her making a complaint (Count 7).
The defendant would send her
messages via SMS or social media arranging for her to meet him at a location in
the house or requesting sexual favours.
On one occasion the defendant instructed the victim to meet him in the
house bathroom while his friends were in the house and he procured the victim
to masturbate him and perform oral sex on him (Count 4). On a separate occasion the defendant
instructed the victim to meet him in the garage and he procured her to use her
hands and masturbate him (Count 5) whilst he touched her naked breasts under
her clothing (Count 6).
An analysis of the defendant’s
mobile telephone following his arrest revealed a text message to the victim
days before her disclosure stating: “Hand
job give you £10” (Count 8). This text message was followed by a
message on Facebook approximately an hour later stating: “Do it now its seconds ill get the cash now. Delete convo.”
The Crown had regard to the
following aggravating features:-
•Appalling breach of trust by
a man the victim considered to be a father figure;
•The abuse took place over a
period of 8 months continuing right up until the victim made her disclosure;
•The defendant coerced the
victim with cash bribes and he offered her cigarettes;
•The introduction of oral sex;
and
•The physical and
psychological effects on the victim.
Details of Mitigation:
Guilty plea. Limited remorse expressed.
Previous Convictions:
No relevant previous convictions,
convictions for driving offences.
Conclusions:
|
Count 1:
|
3 years’ imprisonment.
|
|
Count 2a:
|
3 years’ imprisonment, concurrent.
|
|
Count 4:
|
3 years’ imprisonment, consecutive.
|
|
Count 5:
|
3 years’ imprisonment, concurrent to
Count 4.
|
|
Count 6:
|
2 years’ imprisonment, concurrent to
Count 4.
|
|
Count 7:
|
3 years’ imprisonment, concurrent to
Count 4.
|
|
Count 8:
|
18 months’ imprisonment, concurrent to
Count 4.
|
Total: 6 years’
imprisonment.
Order under Article 5(1) of the Sex
Offenders (Jersey) Law 2010 that a period of 10 years elapse before the
accused is permitted to apply to no longer be subject to the notification requirements
to commence from date of conviction.
Restraining Order to commence from
date of release from prison for a period of 5 years with the following
conditions-
i) Not to have any direct or
indirect contact, in Any way whatsoever (including, but not limited to, contact
through the mediums of e-mail, social networking sites, texting or any other
form of electronic communication) with any female under the age of 16 years,
other than is inadvertent and/or unavoidable;
ii) The defendant is prohibited
from being alone with ay female under the age of 16 years, aside from such
contact which is inadvertent or unavoidable. They will be considered to be alone if
there is not a parent, guardian or responsible adult who is over the age of 21
years and who is aware of the defendant’s convictions;
iii) Where the defendant finds
himself alone with a female under the age of 16 years and such contact has been
inadvertent or unavoidable, he must remove himself from that situation as soon
as reasonably practicable;
iv) That the above restrictions
shall not apply to the defendant’s children, or the defendant’s
sisters, contact with whom shall be subject to any restrictions put in place by
the Court, Children’s Service or any other competent agency.
In addition to the general
restraining orders, the Crown seeks an order in the following terms, that the
defendant is prohibited from having any contact, whether direct or indirect,
with the child named in the Indictment.
Sentence and Observations of Court:
|
Count 1:
|
3 years’ imprisonment.
|
|
Count 2a:
|
3 years’ imprisonment, concurrent.
|
|
Count 4:
|
3 years’ imprisonment, consecutive.
|
|
Count 5:
|
3 years’ imprisonment, concurrent to
Count 4.
|
|
Count 6:
|
2 years’ imprisonment, concurrent to
Count 4.
|
|
Count 7:
|
3 years’ imprisonment, concurrent to
Count 4.
|
|
Count 8:
|
18 months’ imprisonment, concurrent to
Count 4.
|
Total: 6 years’
imprisonment.
Order under Article 5(1) of the Sex
Offenders (Jersey) Law 2010 that a period of 10 years elapse before the
accused is permitted to apply to no longer be subject to the notification
requirements to commence from date of conviction.
Restraining Order to commence from
today’s date for a period of 9 years with the following conditions-
i) Not to have any direct or
indirect contact, in any way whatsoever (including, but not limited to, contact
through the mediums of e-mail, social networking sites, texting or any other
form of electronic communication) with any female under the age of 16 years of
age, other than is inadvertent and/or unavoidable;
ii) The defendant is prohibited
from being alone with any female under the age of 16 years, aside from such
contact which is inadvertent or unavoidable. You will be considered to be alone if
there is not a parent, guardian or responsible adult who is over the age of 21
years and who is aware of the defendant’s convictions;
iii) Where the defendant finds
himself alone with a female under the age of 16 years and such contact has been
inadvertent or unavoidable, he must remove himself from that situation as soon
as reasonably practicable;
iv) That the above restrictions
shall not apply to the defendant’s children, or the defendant’s
sisters, contact with whom shall be subject to any restrictions put in place by
the Court, Children’s Service or any other competent agency.
In addition to the general
restraining orders, the Crown seeks an order in the following terms, that the
defendant is prohibited from having any contact, whether direct or indirect,
with the child named in the Indictment.
C. M. M. Yates, Esq., Crown Advocate.
Advocate G. A. H. Baxter for the Defendant.
JUDGMENT
THE DEPUTY BAILIFF:
1.
You are to
be sentenced today in respect of three counts of indecent assault, one count of
unlawful sexual intercourse, two counts of procuring acts of gross indecency
and one count of attempting to do so.
All of these offences were committed over an eight month period against
the same child aged then between 13 and 14 years. You gained access to that child because
of your relationship with the girl’s mother and it is absolutely clear
that you were in a position of trust that you breached. You encouraged her to perform these acts
with you by financial and other inducements and, significantly, by using
parental authority, controlling when she could go out and when she could not go
out. You have expressed little
remorse or empathy for your victim and you have sought to blame her. You are assessed as presenting a notable
risk of reconviction.
2.
We have
read the personal statement of the victim in this case and we readily accept
the profound effect that your predatory behaviour has had both on her and on
her relationships. You used her, as
the Crown has said, for your sexual gratification. You played a part in her sexualisation
and you shared pornography with her.
In part, you stole her childhood.
3.
The Crown
has identified a number of aggravating features of this case and we agree with
that assessment. We note the
mitigation available to you. You
have no relevant previous convictions and you have pleaded guilty and that is
significant even though we do not think that you pleaded at the earliest
possible opportunity.
4.
Before
passing sentence on you we deal with the matters that arise under the Sexual
Offences Law. By reason of your
pleas of guilty you are subject to the notification requirements under the Sexual
Offences (Jersey) Law 2010. The
Court agrees with the Crown that the period of 10 years is the appropriate
period for which you may apply to be removed from the Register.
5.
We also
impose a restraining order. We do
so for a period of 9 years from today’s date in the following terms:-
(i)
Not to
have any direct or indirect contact, in any way whatsoever (including, but not
limited to, contact through the mediums of e-mail, social networking sites,
texting or any other form of electronic communication) with any female under
the age of 16 years of age, other than is inadvertent and/or unavoidable;
(ii) The defendant is prohibited from being alone
with any female under the age of 16 years, aside from such contact which is
inadvertent or unavoidable. You will
be considered to be alone if there is not a parent, guardian or responsible
adult who is over the age of 21 years and who is aware of the defendant’s
convictions;
(iii) Where the defendant finds himself alone with a
female under the age of 16 years and such contact has been inadvertent or
unavoidable, he must remove himself from that situation as soon as reasonably
practicable;
(iv) That the above restrictions shall not apply to
the defendant’s children, or the defendant’s sisters, contact with
whom shall be subject to any restrictions put in place by the Court,
Children’s Service or any other competent agency.
Moreover for the same period we place the
restriction that you are prohibited from having any contact, whether direct or
indirect, with the child named in the indictment.
6.
We turn
now to what we believe to be the appropriate sentence having noted all of the
matters to which I have referred.
Going through the list of counts we believe that, to a very great
extent, the Crown has correctly identified the gravamen of these offences in
these circumstances and we do not propose to depart from the Crown’s
conclusions. Specifically on Count
1; 3 years’ imprisonment, Count 2a; 3 years’ imprisonment,
concurrent to Count 1, Count 4; we were minded that this should in fact attract
a sentence of 3½ years’ imprisonment but we are remaining with the
conclusions of the Crown in the light of the totality principle, accordingly 3
years’ imprisonment, consecutive, Count 5; 3 years’ imprisonment,
concurrent to Count 4, Count 6; 2 years’ imprisonment, concurrent to
Count 4, Count 7; 3 years’ imprisonment, concurrent to Count 4, Count 8;
18 months’ imprisonment, concurrent to Count 4, making a total of 6
years’ imprisonment.
7.
On the
matter of deportation, the Court is unanimously of the view that the first limb
of the Camacho v AG [2007] JLR 462 test is passed but equally unanimous in
the view that the second limb is not.
Accordingly we do not recommend your deportation at the end of your
sentence.
Authorities
Sexual Offences (Jersey) Law 2010.
Camacho
v AG [2007] JLR 462.
AG v U [2011] JLR 812.
AG v Z [2011] JLR 107.
Brewster v AG 2001/130.
AG v DS [2009] JRC 213.
AG v G [2009] JRC 148.