Jersey Unreported Judgments

Superior Number Sentencing - grave and criminal assault - indecent assault - acts tending and intending to pervert the course of justice.

[2014]JRC154

Royal Court

(Samedi)

7 August 2014

Before     :

P. J. L. Beaumont, C.B.E, Q.C., Commissioner and Jurats Clapham, Le Cornu, Milner, Liston, and Tibbo

The Attorney General

-v-

T

Sentencing by the Superior Number of the Royal Court, after conviction at Assize trial on 8^th May, 2014 on charges of:

2 counts of:	Grave and criminal assault (Counts 1 and 3).
1 count of:	Indecent assault (Count 2).
1 count of:	Doing acts tending and intended to pervert the course of justice (Count 4).

Age:  36.

Plea: Not guilty.

Details of Offence:

This is a case of extreme sexual jealousy resulting in domestic violence. 

The defendant moved to Jersey and was living with the victim and her young son from a previous relationship.  Late one evening, approximately two months after the defendant arrived in Jersey, the defendant questioned the victim about her sexual history.  He became irritated with the victim who was on the bed and he got on top of her and started to strangle her by pushing two fingers on her throat.  She could not breathe and thought she was going to die.  He then said he was going to pull her eyes out and proceeded to push his fingers into her eyes.  The victim thought he had succeeded in pulling her eyes out.  She thought the defendant was going to kill her (Count 1).  Witnesses saw the marks on her neck and her blood shot eyes.  She did not make a complaint to the police at the time. 

After spending a Bank Holiday together with the victim's son, the couple returned home at around 10pm.  Following a disagreement, the defendant pulled the victim by her hair and she fell on the floor.  Whilst on the floor the defendant punched her in the back before pulling her up by her hair and pushing her against the door.  She had a bruise to her arm where she hit the door handle.  He then told her to sit down, he stood in front of her and demanded "I want to know how many people have been in there" whilst pointing to her vagina.  He then placed his hands on her vagina, over her pyjama bottoms, and pulled her vaginal lips towards him.  The victim described feeling a huge pain and thinking that he was going to pull the skin off.  The defendant would not let the victim leave the room.  He threw objects against the wall and smashed her mobile phone when she tried to make a call.  The whole incident lasted four to five hours (Counts 2 and 3). 

This incident was reported to the police the next day.  She was found to have injuries to her back, her arm and a bruise on the outside surface of the vaginal lips. 

Prior to trial, the defendant's ex-girlfriend came forward stating that he had physically and emotionally abused her during their relationship in Portugal.  All parties were notified of the nature of the ex-girlfriend's evidence.  The Crown was granted permission to adduce her evidence.  Whilst on remand in prison, the defendant telephoned his sister and asked her to contact the ex-girlfriend and persuade her not to travel to Jersey for the trial.  The ex-girlfriend received a series of missed calls and text messages from the same unknown number. The messages referred to "Hugo" and urged her not to "go there" as the defendant's parents were suffering.  There were also threats to meet the ex-girlfriend outside her work if she did not answer the calls (Count 4). 

The ex-girlfriend gave evidence at trial of the defendant's extreme sexual jealousy and violence during their relationship.  The defendant was unanimously convicted of all four counts following a seven day trial. 

Aggravating features

1.      Offences took place in the sanctuary of the victim's home;

2.      Victim's young son was present on both occasions, albeit asleep;

3.      Level of violence escalated over a short period of time;

4.      Sustained attacks using a significant amount of force;

5.      Pain inflicted was significant;

6.      Indecent assault was humiliating and degrading; and

7.      The defendant is assessed as being at high risk of sexual recidivism and he is at high risk of committing further violence within an intimate relationship. 

Details of Mitigation:

The Crown - None.

The Defence - The victim suffered no lasting effects from her injuries and was back to her normal self in a couple of months.

Previous Convictions:

One previous conviction in Portugal for a violent assault using the butt of a loaded sawn-off shotgun against the new boyfriend of his ex-wife.

Conclusions:

Count 1:	2½ years' imprisonment.
Count 2:	3½ years' imprisonment, consecutive.
Count 3:	12 month' imprisonment, concurrent.
Count 4:	18 months' imprisonment, consecutive.

Total: 7½ years' imprisonment. 

Order under Article 5(1) of the Sex Offenders (Jersey) Law 2010 that a period of 10 years elapse before the accused is permitted to apply to no longer be subject to the notification requirements to commence from the date of conviction sought.

Restraining Order sought to commence from date of sentence for a period of 5 years under Article 10(4) with the following conditions that the defendant does not contact the victim, directly or indirectly, and to remove himself from her presence if he finds himself alone with her. 

Recommendation for deportation sought after the defendant has completed sentence and is released from prison. 

Sentence and Observations of Court:

The Court re-emphasised the seriousness of domestic violence and commented on his lack of remorse and the manner in which he conducted his defence by exposing the victim and other witnesses' lifestyles. 

Count 1:	2 years' imprisonment.
Count 2:	3 years' imprisonment, consecutive.
Count 3:	2 years' imprisonment, concurrent.
Count 4:	12 months' imprisonment, consecutive.

Total: 6 years' imprisonment.

Order under Article 5(1) of the Sex Offenders (Jersey) Law 2010 that a period of 5 years elapse before the accused is permitted to apply to no longer be subject to the notification requirements to commence from the date of conviction made.

Restraining Order made to commence from date of sentence (7^th August, 2014) for a period of 5 years under Article 10(4) with the following conditions that the defendant does not contact the victim, directly or indirectly, and to remove himself from her presence if he finds himself alone with her. 

Recommendation for deportation made after the defendant has completed sentence and is released from prison. 

Mrs S. J. O'Donnell, Crown Advocate.

Advocate C. Hall for the Defendant.

JUDGMENT

THE commissioner:

1.        T, what the Jury convicted you of having heard all the evidence in trial were, in the judgment of this Court, frightening offences committed against the person with whom you were living, took place in the sanctuary of the home that you shared together; in the case of the indecent assault that you committed, not only painful but degrading and humiliating as well, as plainly you intended that episode to be.  These were repeated offences and your victim had no idea, while she was being subjected to your jealous and unpredictable behaviour, the extent to which the violence would escalate.  She is very fortunate that she was not more gravely injured.  You have not shown a shred of remorse and, in consequence, the women who have shared intimate relationships with you have not only been publicly accused of lying, but have had the details of those relationships exposed in Court. 

2.        All that said, however, the Court is satisfied that there is merit in Advocate Hall's submissions on your behalf, that the period moved for by the Crown does not reflect the gravity of the individual offences, considered both by themselves and taken in totality.  In the judgment of this Court the proper total period of imprisonment should be one of 6 years made up of 2 years' imprisonment on Count 1, 3 years' imprisonment, to run consecutively on Count 2, 2 years' imprisonment on Count 3, to run concurrently to the sentences imposed on Counts 1 and 2, and on Count 4; 12 months' imprisonment, to run consecutively to the sentences above. 

3.        Additionally the Court recommends that you are deported at the appropriate stage of your sentence.  In making that recommendation the test applied by the Court is that set out in Camacho-v-AG [2007] JLR 462, asking itself whether your continued presence is detrimental to the Island and concluding yes, and then going on to ask itself what will the effect of your deportation be on any family rights under Article 8 of innocent persons connected to yourself and the interests of yourself as well; the Court noting that the only current relationship is one that began shortly before your remand in custody and has continued since, that you do not have any family in Jersey and that your child or children live in Lithuania. 

4.        The Court imposes a Restraining Order, notwithstanding the recommendation for deportation, not to contact the victim for a period of 5 years.  The Court will permit application for removal of the notification requirements under Article 3 of the Sex Offenders (Jersey) Law 2010 after the period of 5 years.  The Court notes, in addition, that during the period of remand while awaiting sentence you have been subject of extensive psychological testing which have identified areas of concern in your behaviour and urges you to take advantage of courses and treatment that you will be offered during the currency of your sentence. 

5.        T, the sentences passed by the Court are as follows:- on Count 1; 2 years' imprisonment, on Count 2; 3 years' imprisonment, to run consecutively, on Count 3; 2 years' imprisonment, to run concurrently, and on Count 4; 12 months' imprisonment, to run consecutively to the sentences imposed above, making a total therefore of 6 years' imprisonment. 

Authorities

Camacho-v-AG [2007] JLR 462.

Sex Offenders (Jersey) Law 2010.

Harrison-v-AG [2004] JLR 111.

AG-v-Thomas [2012] JRC 123.

AG-v-Da Silva [2011] JRC 113.

AG-v-De Sousa [2012] JRC 110.

AG-v-Saeed [2013] JRC 246.

AG-v-Z [2011] JLR 107.

AG-v-Quinn 1998/144.

AG-v-Tucker [2003] JRC 119

AG-v-Shore [2010] JRC 064.