Jersey Unreported Judgments

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URL: http://www.bailii.org/je/cases/UR/2009/2009_035.html
Cite as: [2009] JRC 35, [2009] JRC 035

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[2009]JRC035

ROYAL COURT

(Samedi Division)

26^th February 2009

Before :

Sir Philip Bailhache, Kt., Bailiff, and Jurats Le Brocq and Tibbo.

The Attorney General

-v-

A. V.

Sentencing by the Inferior Number of the Royal Court, following a guilty plea to the following charge:

1 count of:

Attempted rape. (Count 1).

Age: 15.

Plea: Guilty.

Details of Offence:

A, then aged 14 years, had attempted to rape a 7 year old girl. He had been interrupted by an adult entering the room. There were no injuries to the victim.

Details of Mitigation:

Guilty plea, youth. A had himself suffered abuse as a child and had not received any assistance in dealing with this. He was not assessed as being a risk generally to children.

Previous Convictions:

None.

Conclusions:

Count 1:

2 year Probation Order.

2 year probation in accordance with recommendations of Mr Tucker of Lucy Faithful Foundation combined with a treatment programme. The Crown considered it an exceptional case.

Sentence and Observations of Court:

Conclusions granted.

The Court added that it would like a note attached to the criminal record indicating that the case perhaps should have been dealt with outside the court system.

S. E. Fitz., Crown Advocate.

Advocate M. J. Haines for the Defendant.

JUDGMENT

THE BAILIFF:

1. This defendant has pleaded guilty to a charge of attempted rape.

2. We accept the recommendations of the Crown Advocate and so far as the formal disposal of the case is concerned, we will place the defendant on probation for a period of 2 years, subject to the usual conditions that he live and work as directed by his Probation Officer and subject to the further condition that he comply with any recommendations as to treatment which might be directed by the Probation Officer.

3. We also make the order requested by Counsel for the defendant that the report of the Faithful Foundation be made available to any practitioner working with the defendant and we also give permission for the report to be released to the defendant himself, to his carers and to his family.

4. We also direct that the following comments of the Court be noted upon the formal record of conviction. This is an unusual case which has been dealt with through the criminal justice process but which could and even perhaps should, have been dealt with outside that process. We express the hope that our remarks can be appended in some way to the formal record of conviction.

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