Jersey Unreported Judgments

2001/219

ROYAL COURT

(Samedi Division)

 

26th October 2001

 

 

The Attorney General

-v-

Nelio Antonio de Lemos Sousa.

1 count of:

Indecent assault.

 

 

Age:     27

 

Plea:    Guilty.

 

Details of Offence:

In the early hours of Sunday 11^th March, 2001, the lone female victim was walking to her home in the Havre des Pas area after an evening out in St. Helier.  She had consumed a quantity of alcohol but as not drunk.  The victim was approached by Sousa who put his arm around her and proceeded to walk along side her, despite not receiving an invitation from the victim to do either.  The victim arrived at home and, believing that she had shrugged off Sousa's advances, unlocked the front door and entered the communal hallway.  The victim was then shocked to discover that Sousa had followed her inside.  Despite being ordered to leave immediately, Sousa proceeded to place his hands around the victim's waist and kiss her face.  A struggle developed and the two fell to the floor, with Sousa falling on top of the victim.  Sousa continued to kiss the victim on the face despite her attempts to push him away and being  ordered to get off her and leave.  Sousa did eventually leave the premises.  

Sousa was arrested close to the scene  on suspicion of having committed an indecent assault.  He was not fit for interview, by reason of intoxication, until 10 hours later.  Admissions in interview were eventually made.  Sousa pleaded not guilty until the day before an Assize trial was due to commence. 

 

Details of Mitigation:

Difficult upbringing in Madeira.  In Jersey for the past eight years with good work record.  Sousa was remorseful.  Plea spared the victim reliving the incident.  Sousa had employment and permanent accommodation to go to upon his release.  In custody since his arrest.  Sousa had misinterpreted the situation. 

 

Previous Convictions:

A number of minor previous convictions.  Never spent any significant time in custody prior to the commission of the current offence. 

 

Conclusions:

Count 1:

12 months' imprisonment; recommendation for deportation.

 

 

Sentence and Observations of Court:

Count 1:

10 months' imprisonment.

 

No recommendation for deportation.

The indecent assault was at the lower end of the scale.  The time Sousa had spent in custody on remand was deemed to be sufficient punishment. 

Sousa's record was not good, but not bad enough in the Court's opinion to justify a recommendation for deportation. 

 

B.H. Lacey, Crown Advocate.

Advocate M.L. Preston for the accused.

 

 

 

JUDGMENT

 

 

 

THE BAILIFF:

1.        Sousa has pleaded guilty to an indecent assault upon a lone woman, who was making her way home after a night out.  He followed her along Havre des Pas and then forced his way into a house where she was living.  He kissed her upon the face and, as the victim struggled to free herself from him, the accused fell over on top of her, where he again kissed her upon the face.  He was then disturbed by the landlord, or alternatively, responded to her protestations and left the premises.  He was intoxicated at the time of the offence and that is, of course, an aggravating factor. 

2.        In mitigation, Sousa has not committed an offence of this kind before and he has now pleaded guilty to the indictment.  He is entitled to credit for those mitigating circumstances. Defence Counsel put it to us that this was an offence at the lower end of the scale.  Without understating the unpleasantness of the experience from the viewpoint of the victim, we think that that is a correct submission. 

3.        Sousa has been in custody for 7 ½ months, which, in our judgement, is sufficient punishment for the offence which he has committed.  We will, therefore, impose a sentence which will lead to his immediate release.  Sousa, you are sentenced on the single count on the indictment to imprisonment for ten months. 

4.        We have given anxious consideration to the question of whether or not we should recommend to the Lieutenant Governor that Sousa be deported from the island.  In particular, we have considered the paragraph in the probation report, which suggests that his distorted attitudes and lack of remorse indicate that he is at a high risk of committing a similar type of offence.  On the other hand, Sousa has been resident in Jersey for eight years since arriving here at the age of nineteen.  His record is not good, but, on the other hand, it is not, in our judgement, so bad that we should take the very serious step of recommending his deportation from the island.  We propose to make no recommendation and will leave his future, in that respect, in the hands of the appropriate authorities.      

 

 

Authorities

AG-v-Nicholson (29th June 2001) Jersey Unreported; [2001/140];

AG-v-Drummond (7th November 1997) Jersey Unreported;

R-v-Nazari [1990] 3 All ER 880 CA.