Jersey Unreported Judgments

Superior Number Sentencing - common assault - indecent assault.

[2015]JRC169

Royal Court

(Samedi)

18 August 2015

Before     :

T. J. Le Cocq, Esq., Deputy Bailiff, and Jurats Kerley, Marett-Crosby, Blampied, Grime, Ramsden and Morgan

The Attorney General

-v-

Anthony Jalam (also known as Hunt)

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 5^th June, 2015, following guilty pleas to the following charges:

1 count of:	Common assault (Count 1).
1 count of:	Indecent assault (Count 2).

Age:  28.

Plea: Guilty.

Details of Offence:

The defendant met the victim, a young woman of 22, at a bar in St Helier.  They went together to a nightclub.  She was very drunk, and he was under the influence of alcohol.  They left together and walked down a quiet street.  They kissed and there was some consensual contact between them, however she made clear that she did not want it to go any further.  He then picked her up and carried her into a dark corner of a small open private car park, in a narrow gap between the car and the wall, from which she could not escape as he blocked her way.  He demanded that she perform oral sex on him and she refused.  He hit her four times to the head in rapid succession and she fell to the ground.  He then forced his penis into her mouth and repeatedly forced her to perform oral sex on him.  The ordeal lasted a full twenty minutes, as recorded by CCTV.  The defendant threatened and verbally abused her.  She was terrified.  It only came to an end because a passer-by heard her cries and called the police.  When the police came they found the defendant crouched over the woman on the floor, with his trousers down. 

At the police station following arrest the defendant was seen in the lavatory to wipe his penis with tissues to remove traces of DNA and the tissues were confiscated.  In interview he denied any assault and said there had been consensual oral sex.  He was shown CCTV which showed him carrying her to behind the car, and hitting her to the head.  He maintained his denials. 

He entered guilty pleas to assault and indecent assault upon indictment. 

The aggravating features were abduction, holding captive, threats, physical violence and the length of the incident. 

The victim impact statement showed that there was a psychological impact on the victim; it was likely that it would have some effect on her for the rest of her life. 

Details of Mitigation:

Guilty pleas.  Expression of remorse. 

Previous Convictions:

Numerous previous convictions in UK since 2003 including convictions for domestic violence on a woman, grievous bodily harm, burglary, drugs possession, possession of an offensive weapon.  A history of breaching court orders and offending during the course of suspended sentences.  Was on licence from a prison sentence in the UK when he came to Jersey, in breach of that licence, in late 2014. 

Conclusions:

Prosecution relied on Milberry guidelines for rape sentencing on the basis that the facts of this offence involved a violation of a bodily orifice by the penis, which would be classed as rape in England and should be regarded as being in a similarly serious category for sentencing purposes here.  Starting point aggravated by abduction and use of violence.  If it had been a vaginal rape, starting point could have been 8 years; starting point of 6 applied here, then 25% discount applied for guilty plea, being less than full credit because he would not have pleaded guilty but for the overwhelming evidence of the CCTV. 

Count 1:	12 months' imprisonment.
Count 2:	Starting point 6 years' imprisonment.  4½ years' imprisonment, concurrent.

Total: 4½ 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 sentence sought.

Restraining Order sought to commence from date of sentence for a period of 10 years under Article 10(4) with the following conditions:-

(i)      That the defendant shall not approach or contact the victim, whether in person or through others, and whether in writing or by telephone or by other electronic means.

(ii)     That if the defendant finds himself close to or in contact with the victim he must remove himself from that situation as soon as reasonably possible.

(iii)     That the defendant shall not approach or initiate physical contact with any female who is unaccompanied by an adult, in any road or other public outdoor place in Jersey, during the hours of darkness, unless the contact is inadvertent.  This restriction shall not apply if the female is either:-

         (a)        known to him, and the States of Jersey police have in advance approved him approaching or contacting her, or

         (b)        working in the normal course of her professional duties, his contact to be limited to that which is appropriate to her profession.

Exclusion Order under Article 2 of the Licensed Premises (Exclusion of Certain Persons)(Jersey) Law 1998 excluding the defendant from all 1^st, 4^th, 5^th and 7^th category licensed premises for a period of 2 years from date of release from prison sought. 

Sentence and Observations of Court:

Reduced credit of 25% for guilty pleas as the Court was not convinced he would have pleaded guilty but for the CCTV evidence. 

Count 1:	12 months' imprisonment.
Count 2:	4½ years' imprisonment, concurrent.

Total: 4½ years' imprisonment.

Order under Article 5(1) of the Sex Offenders (Jersey) Law 2010 that a period of 8 years elapse before the accused is permitted to apply to no longer be subject to the notification requirements to commence from the date of sentence made.

Restraining Order made to commence from date of sentence for a period of 8 years under Article 10(4) with the following conditions:-

(i)      That the defendant shall not approach or contact the victim, whether in person or through others, and whether in writing or by telephone or by other electronic means.

(ii)     That if the defendant finds himself close to or in contact with the victim he must remove himself from that situation as soon as reasonably possible.

Exclusion Order under Article 2 of the Licensed Premises (Exclusion of Certain Persons)(Jersey) Law 1998 excluding the defendant from all 1^st, 4^th, 5^th and 7^th category licensed premises except for the Multiplex Cinema, the Jersey Arts Centre, Jersey Airport, the Ferry Terminal at Elizabeth Harbour and the Opera House for a period of 2 years from date of release from prison made. 

W. A. F. Redgrave, Esq, Crown Advocate.

Advocate J. W. R. Bell for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        You are to be sentenced today for one count of assault and one count of indecent assault on a young woman in St Helier in the early hours of 23^rd March this year.  This was a nasty and sustained incident in which you forced the woman, who you had met earlier that evening, into the corner of a deserted carpark and subjected her to threats, aggression and violence and to a sustained indecent assault.  We have read her statement and the effects on her have been profound and it is not too extreme to suggest that she will carry the effects of your drunken predatory aggression with her for a long time to come. 

2.        It is true that she also was intoxicated and that there was playful consensual activity as you walked through town together but none of that either explains or justifies what you later subjected her to.  It must have been a terrifying ordeal for her. 

3.        You do not have the benefit of a good character in that although you do not have previous convictions in respect of sexual offending your record is, nonetheless, poor and contains one instance of violence against a woman. 

4.        You have pleaded guilty and you are entitled to credit for that but the Court is not convinced that had the CCTV evidence, which we have seen, not been clear you would not have continued to maintain your innocence.  The Court's view is that the Crown is correct in its approach in the light of all of the circumstances. 

5.        We note the mitigation including, of course, the guilty plea and your letter of remorse and the other letters and your advocate who has said all that can properly be said on your behalf. 

6.        The Court is satisfied however that the Crown is right in its conclusions and in respect of Count 1 you are sentenced to 12 months' imprisonment and in respect of Count 2 you are sentenced to 4½ years' imprisonment, the two sentences to be concurrent making a total of 4½ years' imprisonment. 

7.        The Court makes an Exclusion Order from licensed premises in the terms moved for by the Crown for a period of 2 years from the date of your release. 

8.        The period after which you may apply to come off the notification requirements under the Sexual Offenders Law is a period of 8 years from today's date.

9.        We also make a Restraining Order in the terms requested by the Crown in paragraphs 89(i) and 89(ii) again for a period of 8 years from today's date.  We do not make an order in the terms of 89(iii); in the light of the other orders we have made we do not regard that as a proportionate, or necessary. 

Authorities

Sex Offenders (Jersey) Law 2010.

AG v Kelly [2005] JRC 175.

AG v Carvalho [2007] JRC 034.

AG v Benest [2012] JRC 139.

AG v Santos [2015] JRC 067A.

AG v Santos [2015] JRC 077.

AG v Correia [2015] JRC 083.

R v Milberry [2002] EWCA 2891.

R v E [2003] 2 Cr. App. R. 9.

R v Smith [2012] 1 Cr App R (S) 82.