Jersey Unreported Judgments

ROYAL COURT

(Samedi Division)

21 December 1999

Before: F C Hamon, Deputy Bailiff, and

Jurats Myles, Le Ruez, Rumfitt, de Veulle,

Quérée, Le Breton, Georgelin, Allo

AG

v

Francisco Ambrosia Franco

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded on 19 November 1999 by the Inferior Number, following a guilty plea to:

2 counts ofkidnapping (counts 1,3); and

2 counts of indecent assault (counts 2,4)

Age: 34

Plea: Guilty

Details of Offence:

In 1997 and 1999 Franco offered lifts to 17-year-old boys. Deviated from course home and homosexually importuned victims before subjecting them to relatively minor homosexual assaults ( hand on genitals outside clothing). 1999 offence. Threatened violence and drove to park in unlit country lane. Boys each escaped.

Details of Mitigation:

Guilty pleas. Financial pressures. Delay between 1997 and current charge. Out of character, not danger to the public. Could be cured.

Previous Convictions: None

Conclusions:

Count 1: 3 years imprisonmen

Count 2: 6 months imprisonment.

Count 3: 4 years imprisonment

Count 4: 6 months imprisonment

The sentences on counts 1 and 2 to run concurrently with each other.

The sentences on counts 3 and 4 to run concurrently with each other, but to follow consecutively the sentences passed on counts 1 and 2.

TOTAL: 7 years imprisonment

Sentence & Observations of Court:

3 years probation order, with 240 hours community service, to be completed in first year. Must seek therapeutic help

T J Le Cocq, Crown Advocate

Advocate J C Gollop for the Accused

JUDGMENT

THE DEPUTY BAILIFF: We will not repeat the facts of this case which have been extensively detailed for us by Crown Advocate Le Cocq.

There was no planning involved in either of these offences. Indeed, when the first offence was brought to the Magistrate’s Court in 1997, and not proceeded with, the offence of kidnapping was not even contemplated by the Prosecution. On the question of kidnapping we have read with some care the facts of the case of AG v Heuzé (30 January 1995) Jersey Unreported, which might well have been brought under the crime of kidnapping but eventually was dealt with on its conclusion as a very disturbing case of rape. For that Heuzé received 8 years imprisonment which was reduced to 6 years on appeal. The other case of kidnapping to which we were referred is that of AG v Coates, Louis and Larose (13 December 1996) Jersey Unreported, and that was a case of kidnapping where the victim was the subject of a form of revenge attack. He was physically assaulted and bundled into a car and threatened whilst being detained in that car against his will.

But, as Crown Advocate Le Cocq has pointed out, all the ingredients of the offence of kidnapping are in fact present in this case and the effect on the young man, who was the victim of the second offence, was clearly traumatic. We have read the report of Dr Sharkey which leaves us in no doubt that this young man was, and is still, mentally ill. The assaults on him have certainly not helped matters in that regard.

It is clear that Franco has homosexual tendencies with which he finds it difficult to come to terms. As to the effect on the first boy, kidnapped and assaulted in 1997, we were only told that it was inappropriate for anyone to have spoken to him. We know no more about the after-effects on him than that.

Turning to the accused, he has two small children and is recovering from a disastrous business venture. It may be as a result of that that his wife at one stage was suicidal.

We have considered both the law and the facts of this case very carefully but the learned Jurats are unanimous that they cannot see that a long term of imprisonment is appropriate for an offence which, whilst very serious, is still fortunately unusual in this jurisdiction. We do not intend to underrate the seriousness of these offences, they were frightening and they were perverted.

We are therefore going to sentence you to 3 years probation. You will serve 240 hours of community service in your first year and it is a term of the probation that, in accordance with Mr. Berry’s recommendations, you receive some form of therapeutic help and you will have to agree to that. I have to tell you that if you breach your probation order you are going to have to come before this Court again and you may very well find yourself in custody at that time.

I must thank the interpreter, Mr. Teixeira, who has been very helpful. Thank you, Mr Gollop, the Jurats wanted me to say how appreciative they were of the work you put into the case.

Authorities

A.G. -v- Coates, Louis, and Larose. (13 December 1996).

R. -v- D. (1984) AC 778.

R. -v- Harrington-Fry (1995) 16 Cr. App. R(S).

R. -v- Willoughby (1999) 2 Cr. App. Rep 82.

R. -v- Spence and Thomas (1983) 5 Cr. App. R.(S).

A.G. -v- Heuzé (30 January 1995) Jersey Unreported.