Jersey Unreported Judgments

[2003]JRC233

ROYAL COURT

(Samedi Division)

 

19^th December 2003.

 

 

The Attorney General

-v-

Iain Stuart Smith

 

 

1 count of:

Indecent assault.

 

Age:     52.

 

Plea:    Guilty.

 

Details of Offence:

Smith was the victim's foster father.  The victim was extremely vulnerable and had experienced a traumatic life in that she had seen her mother die of a heroin overdose.  She had returned to Jersey to live with her aunt following which Smith and his wife became her foster parents.  Whilst Smith's wife was visiting relatives in England, Smith arranged a diner party at his house and invited the victim's aunt and her companion.  He encouraged the victim to drink red wine and, following the departure of the victim's aunt and her companion he attempted to kiss the victim and hug her.  He invited her to go to bed with him.  She declined and went to her own bedroom.  Some two hours later Smith entered the sleeping victim's bedroom whereupon he digitally penetrated her and bit her nipple.  This caused the victim extreme pain due to her having a tampon inserted at the time.  The victim was very afraid and fled the home in the middle of the night in order to find sanctuary at a neighbour's house.

 

Details of Mitigation:

Smith had previous minor motoring convictions but was treated as being of good character for purposes of sentencing.  Pleased guilty and deserved credit accordingly.  Remorse shown.  He was co-operative with the police at interview.  He had been married for 26 years and had two adult children.  Both his wife and children were in court to support him.  He had been in full time employment for the majority of his adult life and produced character references from his family, friends and employer.

 

Previous Convictions:

1 for driving without due care and attention and minor miscellaneous motoring offences (28/03/85).

 

Conclusions:

 

Count 1:

3 years' imprisonment.

 

Sentence and Observations of Court:

 

Count 1:

2½ years' imprisonment.

 

 

M. St. J O'Connell, Esq., Crown Advocate.

Advocate J. Bell for the Defendant.

 

 

JUDGMENT

THE DEPUTY BAILIFF:

1.        This 15 year old girl had been placed in the care of you and your wife as foster carers and this following a traumatic and tragic childhood that she had experienced.  You were in a position of trust and you betrayed that trust by indecently assaulting her. 

2.        You encouraged her to drink that evening.  Furthermore, there was an element of premeditation because after the incident in the arm chair you did not stop.  You waited a couple of hours and then you went into her bedroom when she was asleep and you put one or more fingers in her vagina and also fondled and kissed her breasts and you tried to kiss her on the mouth. 

3.        She was so upset that she fled from your house in the middle of the night and had to seek refuge with a neighbour.  She was obviously extremely distressed.  We agree with the Crown's summary: this was a serious indecent assault upon a vulnerable child whom you were supposed to protect. 

4.        Nevertheless, as Mr Bell very ably put forward, there is much mitigation on your behalf.  You have pleaded guilty and as he rightly said this is of value because it spares the victim having to give evidence.  You did this at an early stage.  You are of good character, without any previous convictions at your age of 52 and you have an excellent work record.  You have a stable family life and you are supported still by your wife and your children who have come to Court today.  It is quite apparent that this is out of character; and that there is a very good side to you as is shown by the references.

5.        Furthermore, as Mr Bell has said, this assault did not have some of the aggravating features which can often be present such as procuring oral sex and procuring that the victim masturbates you.  Nevertheless, for the reasons which we stated earlier this is a serious assault and there is no alternative to prison. 

6.        Young children are entitled to the protection of this Court when they are indecently assaulted by older men.  We have carefully considered the Crown's conclusions and weighed this with the mitigation put forward by Mr Bell.  We think in all the circumstances and having regard to the other cases that we can reduce the conclusions a little and the sentence is one of 2½ years' imprisonment.

Authorities

R -v- Lennon (1999) 1 Cr App R(S) 19.

A. G. -v- Barrett (9^th October, 1992) Jersey Unreported; [1992/180].

R -v- Wellman [1999] 2 Cr. App. R(S) 162.

A.G. -v- Hanby (20^th March, 2002) Jersey Unreported; [2002/66].

A.G. -v- Schollhammer & Udoh (22^nd January, 1990) Jersey Unreported; [1990/11].

Vibert -v- A.G. [1991] JLR 247.

A.G. -v- Vibert (25^th April, 1991) Jersey Unreported; [1991/56A]

A.G. -v- A (23^rd October, 1992) Jersey Unreported; [1992/188].

A.G. -v- Dykes (26^th April, 1999) Jersey Unreported; [1999/72].

Dykes -v- A.G. [1999] JLR 146.

A.G. -v- Baimbridge (26^th March 1998) Jersey Unreported; [1998/62].

A.G, -v- Bouhaire (1^st November, 2000) Jersey Unreported; [2000/212].

A.G. -v- Holland (8^th September, 2000) Jersey Unreported; [2000/178].

A.G. -v- Holland (2^nd March, 2001) Jersey Unreported; [2001/54].

A.G. -v- Renouf (1^st October, 2000) Jersey Unreported; [2000/197].

A.G. -v- Downs (1^st February, 2002) Jersey Unreported; [2002/30].

A.G. -v- Ollivier [2003] JRC 225.