Jersey Unreported Judgments

[2004]JRC176

ROYAL COURT

(Samedi Division)

 

1^st October, 2004

 

 

The Attorney General

-v-

Roger Felix Louis Hatte

 

 

 

1 count of:

Unlawful sexual intercourse, contrary to Article 4(1) of the Loi (1895) modifiant le droit criminel.

 

 

Age:     62

 

Plea:    Guilty.

 

Details of Offence:

Defendant befriended Miss X when she was aged between 9 - 10 years' old.  An inappropriate relationship developed built up by defendant who telephoned her and gave her small presents.  It culminated in sexual intercourse.  Vast disparity in age, gap between the defendant and Miss X - 47 years.  Took advantage of Miss X who was aged 14 (and he was 61) at time of offence.  Defendant knew she was underage and vulnerable.  He was aware of her troubled domestic background which resulted in her living in a children's home.  He breached the trust she reposed in him.

 

Details of Mitigation:

Defendant divorced; brought up three sons single-handed, two of whom committed suicide in their early adult years.  Neither grief counselling nor treatment for subsequent depression.  Lonely and isolated.  Said he thought he was engaging in an adult, consenting relationship with Miss X.  Good work record.  Low risk of re-offending.  Guilty plea sparing Miss X giving evidence. 

 

Previous Convictions:

Three motoring offices.

 

Conclusions:

 

2 years' imprisonment.

 

 

Sentence and Observations of Court:

Conclusions granted.

 

 

 

Mrs S. Sharpe, Crown Advocate.

Advocate C.M. Fogarty for the Defendant.

 

 

 

JUDGMENT

 

 

 

THE COMMISSIoNER:

1.        For a 61 year old man to have sexual intercourse with a vulnerable 14 year old is an indictment in itself. 

2.        You have pleaded guilty to what is an appalling offence, but by so doing you have saved this young girl the further distress of a trial.

3.        We have to say that you were in a position of trust as regards this young girl, not in the sense of a teacher or a near relative but because she treated you as a friend and a confidant over a period of several years.  You gave her presents and clearly built up a relationship with her.  You knew of her troubled background.  You were warned by the police to keep away from the child, but continued to see her.

4.        We have to say that the Probation and Psychological Reports make for some disturbing reading, and your personal life is full of tragedy. 

5.        The details of this offence have been fully described to us by Crown Advocate Sharpe and we need to consider what has been so ably said by Advocate Fogarty in mitigation.  She has, of course, repeated the details of your family life and has said that this isolated and lonely existence that you led has branded you and she draws a distinction between your case and those others cited to us.  We agree with that.

6.        We are certain that you need bereavement and other counselling whilst in prison but on reflection we can find no fault with the conclusions of the Crown.  Against your personal situation we have to put the feelings of the general public.  Despite your excellent work record, and it is an excellent work record, and the problems you will face on leaving prison we have to follow the conclusions of the Crown and you are sentenced to 2 years' imprisonment.

Authorities

A.G. -v- Hamon [2003] JRC149.

A.G. -v- Rosser (22^nd March, 2002) Jersey Unreported; [2002/67].

A.G. -v- Perkins (9^th January, 1998) Jersey Unreported; [1998/2].

A.G. -v- Hatte [2004] JRC143.