Jersey Unreported Judgments

[2004]JRC198

ROYAL COURT

(Samedi Division)

 

12^th November 2004

 

 

The Attorney General

-v-

Nacer Udine Benyoussef

 

 

 

1 count of:	Grave and criminal (count 1).
1 count of:	Indecent assault (count 2).

 

 

Age:     33.

 

Plea:    Convicted at criminal assize on 7^th October, 2004, on Not Guilty pleas to both counts.

 

Details of Offence:

The defendant attacked a 21 year old female on the Esplanade, pushing her to the ground from behind.  He straddled her thighs and she tried to fight him off but was unable to do so.  He held her down with one hand and punched her several times very hard in the face before kissing her.  He also attempted to remove her trousers but was unable to pull them down completely.  Interrupted by nearby residents and chased into Patriotic Street car park, but his pursuer lost sight of him.  The defendant and the victim were both drunk, the victim extremely so, and this was regarded as an aggravating factor.  The defendant was on medication that should not be mixed with alcohol.  The defendant pleaded not guilty and the victim was forced to return from the USA where she had moved as a result of the attack to give evidence before a full assize trial.  Victim impact statements were prepared both by the victim and a police surgeon.  The victim remains traumatised by the events, suffered from flashbacks, nightmares and poor sleep, and blames herself for what happened.

 

Details of Mitigation:

Single spontaneous opportunistic incident, no lasting physical injury, no weapon, no threats, indecency limited to pulling of clothing and kissing.  Defendant had been on bail throughout proceedings and had always abided by conditions.  Previous good character.  Family man who owns own home and whose wife has good job (that may be jeopardised by conviction).  Has a good work record, lost job as a result of conviction, but has a new one.  Custodial sentence would put great strain financially and emotionally on whole family.  Mental health fragile, long history of depression, anxiety and panic attacks which would be aggravated by prison sentence.

 

Previous Convictions:

Drink driving in 2000.

 

Conclusions:

 

 

Count 1:	2 years' imprisonment.
Count 2:	2½ years' imprisonment, concurrent.

 

 

Sentence and Observations of Court:

 

 

Count 1:	2 years' imprisonment.
Count 2:	2 years' imprisonment, concurrent.

 

The Court observed that attacks on women in the streets of St Helier is a matter they regard as of the utmost seriousness.  However, in the special circumstances of this offender they would exercise mercy and reduce the Crown's conclusions in relation to the indecent assault charge.

 

 

C.M.M. Yates, Esq., Crown Advocate.

Advocate J. Bell for the Defendant.

 

 

 

JUDGMENT

 

 

 

THE COMMISSIONER:

1.        This Court has said before, and we will now say it again, an assault on a woman in the streets of St Helier is an act which we regard with the utmost seriousness.  The complainant says that she was petrified and she was of course also physically assaulted.  Had her screams not been heard we dread to think what might have happened to her.

2.        We have read the victim's impact statement and this must have been a terrifying experience.  She has now had to leave the Island because of the assault.  The accused was on medication, he was not allowed to take drink with it.  He had nevertheless drunk considerably on the day in question.

3.        He denied the offence.  This caused the victim to have to come back to Jersey from America and to face the very real trauma of having to give evidence before strangers of her ordeal.  He still denies the offence and we are told by Advocate Bell that he will appeal against conviction.

4.        Sentencing in this case is to protect the public and we must also maintain public confidence in the sentencing system.  We have spent considerable time reading the very many letters and the other reports helpfully provided by Advocate Bell.  The effect on the family will be very great and he has no criminal record of any relevance.  He does not, however, have a guilty plea to help him, nor does youth play any part in the matter.

5.        We cannot do anything other than impose a custodial sentence.  We will, however, in the very exceptional circumstances of this offender, and his personal circumstances, reduce the conclusions of the Crown perhaps by way of an act of mercy.

6.        On the first count you are sentenced to 2 years' imprisonment, and on count 2, to 2 years' imprisonment, and they are both concurrent.

Authorities

R -v- Howells & Ors [1999] 1 Cr. App. R.(S)335.

Whelan: Aspects of Sentencing in the Superior Courts of Jersey (2^nd Ed'n): pp. 319 - 21; 359 - 61; 404 - 11.

A.G. -v- Nicholson (29^th June 2001) Jersey Unreported; [2001/140].

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

A.G. -v- Bardwell (24^th April, 1996) Jersey Unreported; [1996/80].

A.G. -v-Ferreira (20^th September 2002) Jersey Unreported; [2002/172].