Jersey Unreported Judgments

Inferior Number Sentencing - motoring - breach of orders - purchasing alcohol for a person under 18

[2018]JRC122

Royal Court

(Samedi)

6 July 2018

Before     :

T. J. Le Cocq, Esq., Deputy Bailiff, and Jurats Thomas and Pitman

The Attorney General

-v-

Sebastian Gasulla-Sole

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

2 counts of:	Using a motor vehicle that caused or was likely to cause a danger to any person, contrary to Article 106(1) of the Motor Vehicles (Construction and Use)(Jersey) Order 1998 (Counts 1 and 4).
1 count of:	Using a vehicle without registration, contrary to Article 12(1)(a) of the Motor Vehicle Registration (Jersey) Law 1993 (Count 2).
1 count of:	Using a vehicle without a policy of insurance in respect of third-party risks, contrary to article 2(1) of the Motor Traffic (Third Party Insurance) (Jersey) Law 1948 (Count 3).
1 count of:	Breach of a restraining order, contrary to Article 10(4) of the Sex Offenders (Jersey) Law 2010 (Count 5).
1 count of	Purchase of intoxicating liquor in licensed premises on behalf of a person under the age of 18 years, contrary to Article 13(2A) of the Licensing (Jersey) Law 1974 (Count 6).

Age:  33. 

Plea: Guilty. 

Details of Offence:

The defendant had fallen off his motorcycle whilst overtaking traffic on a wet road.  Police attended and the motorcycle examined both in situ and by Driver & Vehicle Standards.  Both tyres had treads below the legal limit of 1mm, the brakes were poorly maintained, the chain was badly adjusted, and the exhaust did not comply with regulations (Count 4).

A month later the defendant was stopped by the Police whilst riding a motorised scooter along Victoria Avenue towards town at some speed.  He was not wearing a helmet, and although dark the only light was a bicycle light attached to the front of the scooter.  There was no registration plate and no insurance disc.  The defendant told the officer that the engine size was 125cc and the vehicle could reach a speed of 70 miles per hour.  He did not elaborate on whether this was a boast or a memory.  He was subsequently unable to produce an insurance certificate (Counts 1 & 3).

In 2015 the defendant was sentenced by the Royal Court to Community Service and Probation in respect of six counts of underage sexual intercourse.  The court also imposed the following restraining order:

i)       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 who is aware of his offending history. 

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

On 24^th March, 2018, police attended the home address of the defendant after receiving reports that he was in the company of females under the age of 16 in breach of these orders.  Four young females were found nearby, one (Miss X) was 15, the others were 16 or 17.  The defendant had previously been sending Miss X inappropriate messages relating to her appearance and his ability to supply her with drugs.  Miss X had been in his flat previously (Count 5).

CCTV from the corner shop nearby showed him entering with Miss X and another of the females, and purchasing a 330 ml bottle of vodka at their request (Count 6).

The defendant refused to sign an authority allowing the police to access his Facebook account, and would not attend for interview whilst residing at HMP La Moye in relation to potential grooming charges and supply of controlled substances.  No further action was taken.

Details of Mitigation:

Guilty plea. 

Previous Convictions:

18 convictions compromising 79 offences, including seven counts of underage sexual intercourse with a minor aged 13 and 14 (the same victim for all counts), two counts of indecent assault and indecent exposure, and several motoring offences including driving uninsured and unlicensed. 

Conclusions:

Count 1:	No separate penalty.
Count 2:	1 month's imprisonment, concurrent to Count 3.
Count 3:	6 months' imprisonment, consecutive to Count 5.
Count 4:	No separate penalty.
Count 5:	2 years' imprisonment.
Count 6:	2 months' imprisonment, concurrent to Count 5.

Total:  2 years and 6 months' imprisonment. 

Order sought under Article 5(1) the Sex Offenders (Jersey) Law 2010 that a minimum notification 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.

Restraining order sought under Article 10 the Sex Offenders (Jersey) Law 2010 to commence from date of sentence for a period of 5 years with the following conditions:-

(i)             That the Offender be prohibited from being alone with any female child he knows or suspects to be under the age of 16 years without the prior permission of the Jersey Probation Service, other than such contact as is inadvertent and not reasonably avoidable in the course of lawful daily life.  He will be considered to be alone if there is not another adult present who is over the age of 21, who has an accurate knowledge of his previous convictions, and who has not been convicted of any offence which would render them liable to registration under the Sex Offenders (Jersey) Law 2010;

(ii)            That the Offender be prohibited from having any contact via any form of social media, internet or telecommunications system, or attempting to have any such contact, with any female child he knows or suspects to be under the age of 16 years without the prior permission of the Jersey Probation Service, other than such contact as is inadvertent and not reasonably avoidable in the course of lawful daily life;

(iii)           That the Offender be prohibited from using any telecommunication device or any device which can access the Internet unless:

a)         it has the capacity to retain and display the history of use, and

b)         he makes the device available on request for inspection by a police officer, and

c)         he takes no actions to delete such history;

(iv)           That in circumstances where he finds himself alone with a person under the age of 16, or finds that he is in contact with someone under the age of 16, the Offender has a positive duty to remove himself from that situation as soon as reasonably possible.

(v)            Not to refuse access to his accommodation to police officers who are monitoring or checking on the restraining orders.

Sentence and Observations of Court:

Count 1:	No separate penalty.
Count 2:	1 month's imprisonment, concurrent to Count 3.
Count 3:	6 months' imprisonment, consecutive to Count 5.
Count 4:	No separate penalty.
Count 5:	18 months' imprisonment.
Count 6:	2 months' imprisonment, concurrent to Count 5.

Total 2 years' imprisonment. 

Order made under Article 5(1) the Sex Offenders (Jersey) Law 2010 that a minimum notification 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.

Restraining order made under Article 10 the Sex Offenders (Jersey) Law 2010 to commence from date of sentence for a period of 5 years with the following conditions:-

(vi)           That the Offender be prohibited from being alone with any female child he knows or suspects to be under the age of 16 years without the prior permission of the Jersey Probation Service, other than such contact as is inadvertent and not reasonably avoidable in the course of lawful daily life.  He will be considered to be alone if there is not another adult present who is over the age of 21, who has an accurate knowledge of his previous convictions, and who has not been convicted of any offence which would render them liable to registration under the Sex Offenders (Jersey) Law 2010;

(vii)          That the Offender be prohibited from having any contact via any form of social media, internet or telecommunications system, or attempting to have any such contact, with any female child he knows or suspects to be under the age of 16 years without the prior permission of the Jersey Probation Service, other than such contact as is inadvertent and not reasonably avoidable in the course of lawful daily life;

(viii)         That the Offender be prohibited from using any telecommunication device or any device which can access the Internet unless:

a)         it has the capacity to retain and display the history of use, and

b)         he makes the device available on request for inspection by a police officer, and

c)         he takes no actions to delete such history;

(ix)          That in circumstances where he finds himself alone with a person under the age of 16, or finds that he is in contact with someone under the age of 16, the Offender has a positive duty to remove himself from that situation as soon as reasonably possible.

(x)           Not to refuse access to his accommodation to police officers who are monitoring or checking on the restraining orders

M. Temple, Esq., Solicitor General appeared for the Crown.

Advocate L. Sette for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        You are to be sentenced today for a number of motor vehicle related offences and breach of restrictive order under the Sex Offenders (Jersey) Law 2010 and purchasing alcohol on behalf of a person under 18.

2.        The Crown has explained the circumstances of the offending and we do not need to repeat those circumstances in these remarks.

3.        The breach of the Restraining Order is of course the most serious matter.  The order was imposed by this court following six counts of underage sexual intercourse in 2015.  They were imposed to protect vulnerable young girls.  We have no doubt that you fully knew that the girl in question was 15 years old because she told you so, and we have noted that you sent her suggestive texts in which ultimately you invited her to dinner. 

4.        You were not immediately honest or straight forward with the police and we note with concern your previous convictions and that you are a high risk or reconviction and a very high risk of sexual reconviction. 

5.        You have the benefit of your guilty pleas and we have read the references that have been provided and have considered carefully what has been said on your behalf by your counsel.  We of course are also mindful of your background as revealed in the Social Enquiry Report.

6.        The simple fact is however, that you disregarded these orders and you sent the girl messages and there was discussion relating to drugs and you sought to arrange to meet with her. 

7.        We agree with the Crown, and indeed it is not resisted by you, that the period of 5 years should apply before which you may apply to be removed from the sex offenders register.  We have given careful consideration to the enhanced restraining orders that have been suggested by the Crown.  We consider that they are clear in their meaning and we consider that they should be imposed as the Crown has suggested.  This is a way by which the Court manages the risks that you pose and you have merited the enhanced orders by reason of the behaviour that has given rise to the present charges.  Accordingly we impose those enhanced orders for a period of 5 years from today's date as requested by the Crown. 

8.        We turn now to the question of penalty.  With regard to the motoring offences we can see no reason not to impose the sentences as moved for by the Crown.  With regard to the breach of the restraining order after some anxious consideration we are of the view that the duration moved for by the Crown is somewhat too long in terms of imprisonment, you are accordingly sentenced as follows: with regard to Count 1; no separate penalty, Count 2; 1 month's imprisonment, concurrent to Count 3; Count 3; 6 month's imprisonment; Count 4; no separate penalty; Count 5 the breach of the restrictive order; 18 month's imprisonment; Count 6; 2 months' imprisonment, concurrent to Count 5;  Count 5 operating consecutively to Count 3 making a total of 2 years' imprisonment.

9.        We express the wish that you take advantage of your time in prison to address your offending so we that we do not see you back here again.

Authorities

Sex Offenders (Jersey) Law 2010. 

AG v G [2011] JRC 214. 

AG v Brocken and Fitzpatrick Limited [2014] JRC 183. 

AG v Gasulla-Sole [2015] JRC 063. 

AG v Laffoley [2017] JRC 058.