Jersey Unreported Judgments

Superior Number Sentencing - indecent assault.

[2017]JRC161

Royal Court

(Samedi)

2 October 2017

Before     :

J. A. Clyde-Smith, Esq., Commissioner, and Jurats Crill, Olsen, Blampied, Grime, Ramsden, and Pitman.

The Attorney General

-v-

T

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded following conviction at Assize trial in July, 2017, on the following charges:

6 counts of:

Indecent assault (Counts 1, 2, 3, 4, 5 and 6).

Age:  48.

Plea: Not guilty.

Details of Offence:

The complainant's mother and the defendant began a relationship and moved in together with the complainant and her brother. 

The abuse began when the complainant was aged 8 years old.  At night the defendant would come into the complainant's room and would touch her breast area both over and under her pyjamas (Count 1).  The defendant would also put his hand up the complainant's pyjama shorts and touch and stroke her vagina (Count 2).  He would sometimes digitally penetrate her vagina (Counts 3 and 4) with one and sometimes two fingers.  There were occasions when the defendant's daughter was present in the room when the abuse took place.  The abuse occurred several times each week and continued when the family moved home and the complainant had a room of her own.  The defendant continued to touch and stroke the complainant's vagina under her pyjamas (Counts 5 and 6).  The complainant would pretend to be asleep or cough and stir in order to warn the defendant off.  As the complainant got older the abuse became less frequent and eventually stopped when the complainant was 16 years old. 

Several years later after the abuse stopped the complainant disclosed to a friend who told her mother.  Together, the complainant and her mother confronted the defendant and recorded the confrontation before making a formal complaint to the police.

Details of Mitigation:

Previous good character.

Previous Convictions:

None.

Conclusions:

Starting point 10 years' imprisonment.

Count 1:	4 years' imprisonment, concurrent to Count 3.
Count 2:	4 years' imprisonment, concurrent to Count 3.
Count 3:	10 years' imprisonment.
Count 4:	10 years' imprisonment, concurrent to Count 3.
Count 5	8 years' imprisonment, concurrent to Count 3.
Count 6	8 years' imprisonment, concurrent to Count 3.

Total: 10 years' imprisonment. 

Order sought 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 date of sentence. 

Restraining Order sought to commence from date of sentence for a period of 15 years under Article 10(4) with the following conditions:-

i)              That the defendant produce to a police officer forthwith on request for examination, at any time, any computer or device which may access the internet, or any device which can store images electronically, which belongs to him or is in his possession, it being noted that such a request may be made anywhere, including by the police attending at the defendant's place of residence;

ii)             That the defendant is prohibited from owning or having in his possession or having access to any device capable of accessing the internet unless:

a)     It has the capacity to retain and display the history of the internet use; and

b)     The defendant ensures that such history is not deleted.

iii)            That the defendant is prohibited from being alone with any female he knows or believes to be under the age of 16 years.  He shall be considered to be alone if there is not present an adult over the age of 21 years who is aware of his offending history;

iv)            That in the circumstances where the defendant finds himself alone with any females under the age of 16 years, accidently or inadvertently, he has a positive duty to remove himself from that situation as soon as reasonably possible;

v)             That the defendant must not approach, follow or have any contact, direct or indirect, with the complainant, and

vi)            That if the defendant finds himself in contact with the complainant he must remove himself from that situation as soon as reasonably possible. 

Compensation Order sought in the sum of £50,000.

Costs Order sought in the sum of £60,000 towards the prosecution.

Pursuant to Article 3(1) of the Criminal Justice (Anonymity in Sexual Offence Cases)(Jersey) Law 2002 the complainant will be the subject of a prohibition from publication of her identity during her lifetime.  This is by automatic operation of law.

Sentence and Observations of Court:

Count 1:	4 years' imprisonment, concurrent to Count 3.
Count 2:	6 years' imprisonment, concurrent to Count 3.
Count 3:	8 years' imprisonment.
Count 4:	8 years' imprisonment, concurrent to Count 3.
Count 5:	6 years' imprisonment, concurrent to Count 3.
Count 6:	6 years' imprisonment, concurrent to Count 3

Total: 8 years' imprisonment.

Order made 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 sentence. 

Restraining Order made to commence from the date of sentence for a period of 13 years under Article 10(4) with the following conditions:-

i)              That the defendant produce to a police officer forthwith on request for examination, at any time, any computer or device which may access the internet, or any device which can store images electronically, which belongs to him or is in his possession, it being noted that such a request may be made anywhere, including by the police attending at the defendant's place of residence;

ii)             That the defendant is prohibited from owning or having in his possession or having access to any device capable of accessing the internet unless:

a)     It has the capacity to retain and display the history of the internet use; and

b)     The defendant ensures that such history is not deleted.

iii)            That the defendant is prohibited from being alone with any female he knows or believes to be under the age of 16 years.  He shall be considered to be alone if there is not present an adult over the age of 21 years who is aware of his offending history;

iv)            That in circumstances where the defendant finds himself alone with any females under the age of 16 years, accidently or inadvertently, he has a positive duty to remove himself from that situation as soon as reasonably possible;

v)             That the defendant must not approach, follow or have any contact, direct or indirect with the complainant, and

vi)            That if the defendant finds himself in contact with the complainant he must remove himself from that situation as soon as reasonably possible.

Costs order made towards the prosecution costs in a sum to be agreed, and if not agreed, to be taxed. 

Compensation Order made in the sum of £50,000 to be paid within 1 month or 12 months' imprisonment, consecutive, in default of payment.

Pursuant to Article 3(1) of the Criminal Justice (Anonymity in Sexual Offence Cases)(Jersey) Law 2002 the complainant will be the subject of a prohibition from publication of her identity during her lifetime.  This is by automatic operation of law.

D.S. Steenson, Esq., Crown Advocate.

Advocate S. M. Baker for the Defendant.

JUDGMENT

THE COMMISSIONER:

1.        Dealing first with the requirements of the Sex Offenders (Jersey) Law 2010 we order that a period of 10 years from today (date of sentence) should elapse before the defendant can apply to have the notification requirements lifted and we make the restraining orders as set out in paragraph 34 of the Crown's skeleton argument, and this for a period of 13 years, also from date of sentence. 

2.        Turning to the sentences that the Court needs to impose, we agree that it is appropriate to continue the review of sentences that have been imposed in the past for sexual offences as commenced by the Court in AG v K [2016] JRC 158, a decision approved by the Court of Appeal  We think it is right to impose a greater sentence for the kind of offences now before us because we conclude that right thinking members of the community in Jersey would not now regard the sentences that have in the past been imposed as adequately reflecting the gravity of the offences and their effect on the victims.  We are not going to set out our reasons for our decision today; those will follow in a written judgment which will be issued as soon as we can, and we therefore proceed directly to imposing the sentences we have concluded upon. 

3.        On Count 1 you are sentenced to 4 years' imprisonment, on Count 2; to 6 years' imprisonment; on Count 3; to 8 years' imprisonment; on Count 4; to 8 years' imprisonment; on Count 5; to 6 years' imprisonment and on Count 6; to 6 years' imprisonment, all to be concurrent with each other, making a total of 8 year's imprisonment. 

4.        In terms of the Compensation Order we make a compensation order in the sum of £50,000, with a default sentence of 12 months' imprisonment, consecutive, if not paid, and to be paid within 1 month. 

5.        We also order the defendant to pay the prosecution's costs to be agreed, and if not agreed, to be taxed. 

Authorities

Sex Offenders (Jersey) Law 2010. 

Criminal Justice (Anonymity in Sexual Offence Cases)(Jersey) Law 2002.

Costs in Criminal Cases (Jersey) Law 1961.

Whelan on Aspects of Sentencing in the Superior Courts of Jersey (Third Edition). 

The Judicial College Guidelines (14^th Edition). 

English Sentencing Guidelines Council's Definitive Guideline for Sexual Offences.

K-v-AG and AG-v-F [2016] JCA 219. 

AG-v-Pereira [2016] JRC 218B. 

AG-v-K [2016] JRC 158. 

AG-v-K [2016] JRC 141. 

AG-v-F [2016] JRC 109A. 

AG-v-U [2011] JLR 812. 

AG-v-X [2010] JRC 111

AG-v-Brewster 2001/3. 

B-v-David Sudlow (2003). 

Sargent v Sargent (1998). 

Re: F (1998). 

C-v-S (Damages: Sexual Abuse) (1997).