CRIMINAL DIVISION
Royal Courts of Justice Strand London, WC2A 2LL | ||
B e f o r e :
MR JUSTICE McCOMBE
MR JUSTICE OPENSHAW
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R E G I N A | ||
v | ||
JETMIR XHELOLLARI |
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MISS I
ASCHERSON appeared on behalf of the Crown
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"This is of course an extremely serious offence which involved Mr Xhelollari targeting a young, lone female who, as a visitor in this country, was particularly vulnerable. He charmed the victim in order to gain her trust and then took advantage of her. As such, in the light of the fact that Mr Xhelollari has, so far, been unable to take any responsibility for his actions, he must be assessed as posing a high risk of harm to female members of the public.
Likelihood of reoffending/reconviction
He has no previous convictions for similar behaviour nor is there from any police intelligence to suggest that he has demonstrated concerning behaviour in the past. However, Mr Xhelollari has demonstrated that he is capable of carrying out a very serious sexual offence with no capacity, at present, to take responsibility for his actions, and as such I consider that he poses a high risk of reoffending. The static risk assessment tool which considers age, number of convictions and type of offending concludes that Mr Xhelollari presents a high risk of sexual offending in the future."
"As stated above, Mr Xhelollari is assessed as posing a high risk of harm and a high risk of reoffending. The current matter is a serious specified offence as listed in Schedule 15 of the Criminal Justice Act (CJA) 2003. However, Mr Xhelollari has no previous convictions for specified offences nor has he demonstrated a pattern of similar behaviour and as such the court may conclude, that under the CJA 2003 guidelines, there is insufficient evidence to assess Mr Xhelollari as posing a significant risk of harm. This is, of course, a matter for the court to decide."
"If at the time when that offence was committed the offender had not been convicted in any part of the United Kingdom of any relevant offence or was aged under 18, the court in making the assessment referred to in subsection 1(b) --
(a) must take into account all such information as is available to it about the nature and circumstances of the offence,
(b) may take into account any information which is before it about any pattern of behaviour of which the offence forms part, and
(c) may take into account any information about the offender which is before it."