Jersey Unreported Judgments

[2009]JRC213

ROYAL COURT

(Samedi Division)

13^th November 2009

The Attorney General

-v-

DS

Sentencing by the Inferior Number of the Royal Court, following guilty pleas to the following charges:

Age:  45.

Plea: Guilty.

Details of Offence:

The abuse took place over a 14 month period.  From October 2007, DS was grooming the victim, then aged thirteen (Count 1), and also began to indecently assault her by touching her buttocks and breasts over clothing.  This escalated to his touching her breast and vagina under her clothing in March 2008, when she was fourteen (Count 2), but without digitally penetrating her.  The gross indecency (Count 3) took place soon afterwards, when DS asked her to perform oral sex upon his erect penis.  In interview the victim said that this happened on 15 to 20 occasions between March and November.

Emails sent by DS to the victim on her school email account corroborated her evidence.  The Crown submits that these email messages show the defendant to be a man concerned only with satisfying his own desires, ignoring the clear requests of the victim to stop the abuse, and exercising a degree of control using religion, money, expressions of love, and the threat of discovery to control a girl who was fourteen and vulnerable.  There is a thirty year age difference between him and the victim.

In interview DS claimed that the victim had been the instigator of the sexual activity, and that while what he had done was wrong, he had never forced her to do anything.  He was described in reports as "manipulative deviant sexual offender".

Enquiries by the Police and Immigration department revealed that DS had previously been living and working in Jersey illegally, and had also spent many years in the United States and England without the necessary visas, although at the time of these offences he was legitimately in the Island.

Details of Mitigation:

Guilty plea, previous good character, taking courses at HMP while on remand and expressions of remorse.

Previous Convictions:

None.

Conclusions:

Total: 4 years' imprisonment.

Recommendation for deportation order sought.

Sentence and Observations of Court:

Conclusions granted.

R. C. P. Pedley, Esq., Crown Advocate.

Advocate C. M. Fogarty for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        These offences were committed over a period of fourteen months.  They include the grooming of a child, then aged 13 years, when you were in a position of trust towards her.  They included indecent assaults committed upon her, initially over the clothing, and thereafter under the clothing, although without digital penetration, and finally oral sex on many occasions.  The offences are aggravated by your attempts to portray her as the instigator of the sexual contact, and by the fact that the abuse took place on a premeditated basis in her home, which ought to have been for her a place of security and safety.  The email exchanges which the Court has been shown indicated that the victim pleaded with you to stop. 

2.        The Court has taken into account the mitigation which is available to you, the guilty plea which saves the victim going to trial, the absence of a record, as far as we are aware, the course undertaken at the prison, the remorse which you have expressed not only for the offence but also for leaving your wife facing the threat and probable breakdown of the marriage, and also an amount of debt and having to bring up two children, including a very young child, on her own.  The Court has also taken into account everything which is in the Social Enquiry Report and all that has been said on your behalf by Advocate Fogarty and we have examined closely the references which have been passed up and your own letter which you have sent to the Court. 

3.        Nonetheless these offences are such that the Court considers that the conclusions of the Crown are correct and they are accordingly granted.  You will therefore go to prison, on Count 1 for 2 years, on Count 2 for 3 years, and on Count 3 for 4 years, in each case the sentence to be concurrent making a total of 4 years' imprisonment.

4.        The Court has also considered the question of deportation and considers that the first limb of the tests which have to be applied is satisfied, given the serious sexual offences which you have committed, and that your continued presence is therefore detrimental to the Island.  On the second limb the Court has given anxious consideration to the effect of a deportation order upon your family.  It is unclear what probability there is for close contact with your family by the end of the prison sentence, but in any event the Court has noted that there is a moderate risk of re-offending in the community, assessed by the Social Enquiry Report, and in the Court's judgment the balance comes down in favour of protecting the community.  Accordingly there will be a recommendation for deportation.

Authorities

Whelan on Aspects of Sentencing in the Superior Court of Jersey.

AG-v-G [2009] JRC 148.

AG-v-Corcoran [2009] JRC 167.

AG-v-C [2009] JRC 177.

Camacho-v-AG [2007] JCA 145.