Jersey Unreported Judgments

Inferior Number Sentencing - indecent assault - procuring an act of gross indecency.

[2015]JRC123

Royal Court

(Samedi)

5 June 2015

The Attorney General

-v-

D

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

Age:  47.

Plea: Guilty.

Details of Offence:

The defendant pleaded guilty to historic sexual offences against a female child and a male child.  Count 1 took place in 1995 when he was looking after the male child.  Whilst on the sofa watching television, the defendant rubbed his penis between the child's naked bottom and thighs until ejaculation.  Counts 2 and 3 took place in around 1986 when the defendant was babysitting for the female child.  On one occasion he got her to lie on top of him when she was naked after having a bath.  He then rubbed his naked penis against her vagina until he ejaculated.  He told her that if she ever said anything to anyone about it she would be taken away from her mother.  On another occasion whilst babysitting he took down his underwear and got her to stroke his naked penis. 

Details of Mitigation:

Guilty pleas; treated as of good character; only minor previous convictions and nothing recent or relevant; youth of 18 at the time of committing Counts 2 and 3; remorseful.  Offending took place 20 years ago and 29 years ago when the defendant had a gambling addiction and relationship and marital problems.  Since then there have been no further offences and the defendant has changed himself and his life.  He is now remarried with two children aged 11 and 13. 

Previous Convictions:

1 Common assault - 1991

2 Minor motoring offences 

Conclusions:

Regard has been given to the young age of the victims and the seriousness of the offending, which includes a serious breach of trust.  Both the victims have spoken of the lasting effect the incidents have had on their lives.  Guilty pleas, albeit at late stage, but of value nevertheless in avoiding a trial and the victims having to give evidence. 

Total: 3½ 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 sentencing sought. 

The Crown seeks to adjourn the matter of a Restraining Order, a date to be fixed.

Sentence and Observations of Court:

Full credit given for guilty pleas despite late stage of pleas.  Accept remorse is genuine.  Mitigation of youth for Counts 2 and 3. 

Total: 3 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 sentencing made. 

Restraining Order:-adjourned pending receipt of report from JFCAS as to the risk to the defendant's two children who live in the family home and date to be fixed. 

Application for prosecution costs adjourned pending an affidavit of means to be filed by the defendant within 28 days. 

S. M. Baker, Esq., Crown Advocate.

Advocate P. G. Nicholls for the Defendant.

JUDGMENT

THE BAILIFF:

1.        D, the Law requires us first of all to deal with the matters under the Sex Offenders (Jersey) Law 2010.  As a result of the guilty plea you are placed on the sex offenders register.  You are liable to the notification requirements as set out in that legislation and that runs for a period of 5 years from the date of your guilty plea.  When I say a period of 5 years that is the period during which you are definitely subject to the notification requirements; you remain subject to them until such time as you make an application that they be disapplied to you, but you cannot make that application for at least 5 years from the date of your conviction. 

2.        As to the application for restraining orders, the Court is going to adjourn that application pending the receipt of a report from JFCAS who are asked to make that report available to Crown Advocate Baker and to Advocate Nicholls and a date can then be fixed for the hearing of the application for restraining orders. 

3.        You are here to be sentenced on three counts on an Indictment, the first two charging an indecent assault and the third one charging procuring an act of gross indecency.  The offences were committed against very young children of about 5 years in age; one of them was the daughter of a lady with whom you were then associating, the other was related to you more directly.  The offending involved very much the same conduct in each case; it took the form of placing your naked penis between the legs of the respective children and rubbing it there until ejaculating.  In connection with Count 3, which was procuring an act of gross indecency you procured that the girl should rub your penis for you. 

4.        These offences, although they took place a long time ago, are very serious offences.  The Court treats them as serious as is plain from your own counsel's submissions to us you would expect us to treat them and, indeed, as the community expects them to be treated.  One only has to read the victim impact statements to see what, in fact, is obvious to anyone picking up these papers that the impact of what you did all those years ago on these two young children has been dramatic and fearful.  The Court is in no doubt at all that that has to be marked with a custodial sentence.   

5.        We accept that you are to be treated as a man with no previous convictions; we accept that in relation to the offences charged in respect of the girl, you had the mitigation of youth because you were only 18 at the time that those offences were committed.  We accept that we will apply a full discount for your guilty plea; although it came late the guilty plea was extremely valuable in that the two victims did not have to go through the trauma of giving evidence.  We accept that your remorse is now genuine, even if it comes rather late in the day. 

6.        The essence of your counsel's submissions to us for avoiding a custodial sentence were that there would be a very dramatic effect on your present family if a custodial sentence was imposed; and we do not doubt that that effect may be significant but we do not think this should cause us to reduce the sentence which, having regard to the victims of the offences, we think would be appropriate. 

7.        We think the Crown's conclusions were, in principle, correct in relation to each offence but we think they were too long in their totality and for that reason only we are going to reduce the conclusions slightly.  

8.        On Count 1 you are sentenced to 21 month's imprisonment, Count 2 you are sentenced to 15 months' imprisonment, consecutive to the sentence on Count 1 and on Count 3 you are sentenced to 9 months' imprisonment, concurrent, which makes a total of 3 years' imprisonment. 

Authorities

Sex Offenders (Jersey) Law 2010.

AG-v-Brewster [2001] JLR N 1.

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