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Jersey Unreported Judgments

You are here: BAILII >> Databases >> Jersey Unreported Judgments >> AG v Dumitrache [2020] JRC 092 (27 May 2020)
URL: http://www.bailii.org/je/cases/UR/2020/2020_092.html
Cite as: [2020] JRC 92, [2020] JRC 092

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Superior Number Sentencing - sexual touching - grave and criminal assault - common assault - indecency

Before :

J. A. Clyde-Smith O.B.E., Commissioner, and Jurats Ronge, Christensen and Austin-Vautier

The Attorney General

-v-

Adrian Florinel Dumitrache

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 27^th March, 2020, following guilty pleas to the following charges:

4 counts of:	Sexual touching without consent contrary to Article 7(1) of the Sexual Offences (Jersey) Law 2018 (Count 1, Count 5, Count 7 and Count 8)
1 count of:	Grave and criminal assault (Count 2).
1 count of:	Committing an offence with intent to commit a sexual offence contrary to Article 39 of the Sexual Offences (Jersey) Law 2018 (Count 3)
1 count of:	Common assault (Count 4)
1 count of:	Acting in a manner likely to cause an outrage of public decency (Count 6).

Age: 31.

Plea: Guilty.

Details of Offence:

Count 1

On 8^th December, 2019, at approximately 7:00am, Ms A (48) left her address and walked her usual route to work through an alleyway leading to Val Plaisant in St Helier. As Ms A walked past the bins, the defendant grabbed her from behind by placing his right arm around her neck so that his hand was on her left arm. The defendant then grabbed her left buttock with his left hand causing her pain. Ms A shouted at the defendant before he released her and walked away.

Counts 2 and 3

On 22^nd December, 2019 at approximately 2:55am, Ms B (30) left her friend's house and headed to her home in St Helier. As Ms B arrived home and entered the code to the front door of the building, the defendant pushed her from behind and knocked her onto her back on the floor of the communal hallway (Count 3). The defendant grabbed Ms B around the neck with his hands and squeezed hard whilst lying on top of her (Count 2). Thinking she was going to be raped, Ms B screamed "HELP" before the defendant released her and ran out of the residence.

Count 4

On 23^rd December, 2019, at approximately 4:45am, Ms C (29) left her address and walked her usual route to work which took her along the Parade. Ms C had her headphones in and was listening to music. The defendant approached Ms C by grabbing her shoulders and pulling her back. The Defendant maintained hold of her right arm and repeatedly asked her for a cigarette. Ms C managed to pull herself away and told him to go away. The Defendant followed her a few metres up the road and grabbed her again. The defendant repeatedly said "TAXI" as she tried to shrug him off. The Defendant continued to follow Ms C until she arrived at work.

Count 5

On 25^th December, 2019 at approximately 7:30am, Ms D (29) was walking home. She was recording a voice message to a friend when she saw the defendant. As Ms D walked past the defendant, he said "Merry Christmas" and she responded the same. Ms D arrived at her home approximately two minutes later and entered via the unlocked outer door. Before reaching the second inner door she realised the defendant had followed her inside. She tried to close the door behind her but he blocked it with his foot and put his hand through the gap. The defendant grabbed her right wrist and then grabbed her crotch area three to four times. Ms D allowed the defendant to release his foot from the door and he left.

Count 6

On 25^th December 2019 between 7:30am and 8:00am, a member of the public (44) was walking her two dogs in the grounds of Springfield Stadium. She heard a bicycle cycling towards her from the direction of Oxford Road. She turned around and saw the defendant on a bicycle and said "good morning" to him. The Defendant responded with the same. As the Defendant approached her to pass her on his bicycle, he slowed down and slowly moved in front of her making her feel uneasy. She threw a ball for her dogs to try to create a distance between herself and the defendant. The Defendant then stopped at the shelter located approximately 20 feet from where she was standing, and made vigorous hand movements with his hand to his groin area. She did not see his penis but it appeared to her that the defendant was masturbating whilst looking at her.

Count 7

On 25^th December, 2019, at approximately 8:10am, Ms E (49) was walking along Aquila Road to visit a friend. She saw the defendant working on a bicycle, he said "good morning" but Ms E did not reply. Ms E turned onto Albert Street, and then noticed that the defendant had followed her. He appeared to be using both of his hands to pull or play with the strings at the top of his trousers. As Ms E continued down Albert Street towards the Britannia public house, the defendant then cycled past on the road and grabbed her right buttock.

Count 8

On 25^th December, 2019 at approximately 8:20am, Ms F (24) had just finished work and was walking home along the pavement outside Walkers on Hill Street, St Helier. She was listening to music with her headphones on, heading towards Snow Hill. As Ms F approached the slope, the defendant cycled past her on the pavement and grabbed Ms E's buttocks between her legs as he cycled past.

Details of Mitigation:

Guilty pleas.

Previous Convictions:

The defendant has two previous convictions from Spain, both for robbery with violence, listed on his official record. A document recovered from his home, which dealt with a deportation order from Spain of 10 years' duration, indicated he had other convictions for domestic and sexual violence, and had spent 9½ years in a Spanish prison.

Conclusions:

Count 1:	18 months' imprisonment.
Count 2:	2 years' imprisonment, consecutive.
Count 3:	2 years' imprisonment, concurrent.
Count 4:	6 months' imprisonment, consecutive.
Count 5:	18 months' imprisonment, consecutive.
Count 6:	15 months' imprisonment, concurrent.
Count 7:	9 months' imprisonment, concurrent.
Count 8:	6 months' imprisonment, concurrent.

Total: 5½ years' imprisonment.

Order sought under Article 5(1) of the Sex Offenders (Jersey) Law 2010 that a period of 10 years elapse before the defendant may seek to have the notification requirements dis-applied, to commence from date of sentence.

Recommendation for deportation sought.

Sentence and Observations of Court:

Count 1:	15 months' imprisonment.
Count 2:	2 years' imprisonment, consecutive
Count 3:	2 years' imprisonment, concurrent.
Count 4:	6 months' imprisonment, consecutive.
Count 5:	18 months' imprisonment, consecutive.
Count 6:	15 months' imprisonment, concurrent.
Count 7:	9 months' imprisonment, concurrent.
Count 8:	6 months' imprisonment, concurrent.

Total: 5 years and 3 months' imprisonment.

Order made under Article 5(1) of the Sex Offenders (Jersey) Law 2010 that a period of 10 years elapse before the defendant may seek to have the notification requirements dis-applied, to commence from date of sentence.

Recommendation for deportation made.

R. C. P. Pedley Esq., Crown Advocate.

Advocate A. M. Harrison for the Defendant.

JUDGMENT

THE COMMISSIONER:

1. Before sentencing the defendant we need first to deal with the period before which he can apply to lift the notification requirements under the Sex Offenders (Jersey) Law 2010. In the light of the defendants' offending and the risk of harm he poses to the public we set that period as 10 years from today's date.

2. Turning to the sentences, we will give our reasons in a written judgment which will follow shortly. As the prosecution says a string of assaults of this nature is rare, but the offending here involving assaults on lone women walking in St Helier, in some cases in the dark, is very serious and the impact upon the victims is clear. We therefore agree with the conclusions of the Crown save in one respect.

3. The defendant is sentenced as follows. On Count 1, 15 months' imprisonment; Count 2, 2 years' imprisonment consecutive; Count 3, 2 years' imprisonment, concurrent; Count 4, 6 months' imprisonment, consecutive; Count 5, 18 months' imprisonment, consecutive; Count 6, 15 months' imprisonment concurrent; Count 7, 9 months' imprisonment, concurrent and finally on Count 8, 6 months' imprisonment, concurrent. Counts 1, 2, 4 and 5 are therefore consecutive. Count 3 and Count 2 are concurrent and Counts 6, 7 and 8 are concurrent to Count 5.

4. This makes a total sentence of 5 years and 3 months' imprisonment.

5. Turning to the issue of deportation the defendant is a Romanian national and does not oppose deportation. Indeed, we understand it is his wish to return to Romania where his partner and his two children live.

6. Referring to the first part of the test we are in no doubt that the continued presence in Jersey of a man who has committed a series of sexual and violent offences in these circumstances is clearly detrimental to the public good. And as for the second part of the test his deportation would not be disproportionate having regard to his rights and others not before the Court.

7. We therefore do recommend his deportation.

Authorities

Sex Offenders (Jersey) Law 2010

Sexual Offences (Jersey) Law 2018

Crime (Disorderly Conduct and Harassment) (Jersey) Law 2008

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