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Jersey Unreported Judgments
You are here: BAILII >> Databases >> Jersey Unreported Judgments >> AG v Facchino [2020] JRC 093 (27 May 2020)
URL: http://www.bailii.org/je/cases/UR/2020/2020_093.html
Cite as: [2020] JRC 93, [2020] JRC 093
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Superior Number Sentencing - Breach of orders - drugs - possession - Class B - indecent photographs
|
Before : |
J. A. Clyde-Smith O.B.E., Commissioner, and Jurats Ronge, Christensen and Austin-Vautier |
The Attorney General
-v-
Stephen Edward Facchino
Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 13th December, 2019, and 31st January, 2020, following guilty pleas to the following charges:
First Indictment
|
2 counts of: |
Breach of a restraining order, contrary to Article 10(13) of the Sex Offenders (Jersey) Law 2010 (Count 1 and Count 4). |
|
2 counts of: |
Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law, 1978 (Count 2 and Count 3). |
Second Indictment
|
1 count of: |
Making indecent photographs of children, contrary to Article 2(1)(a) of the Protection of Children (Jersey) Law, 1994 (Count 1). |
Age: 34.
Plea: Guilty.
Details of Offence:
First Indictment
On 5th October, 2018, the defendant was sentenced to a period of imprisonment for attempting to meet a child following sexual grooming. He was made subject to restrictive orders over his use of electronic devices and contact with male children. Prior to his release from prison in 2019 he signed a copy of the orders confirming he understood them.
In August 2019 Police Officers attended his address and seized a mobile phone after discovering a log entry titled 'Teen after school sex activities'. The mobile phone had not been registered as required. Officers located several other electronic devices, which should have also been registered with the Police. (Count 1)
A lump of cannabis resin (1.69 grams) and three bags of herbal cannabis (61.74) grams were also seized from the defendant's address. (Counts 3 and 4)
On 8th September, 2019, in the early hours of the morning, the defendant was seen by a police officer to be interacting with a group of young people. The officer knew one of the youths was under 16. He checked the defendant's restrictive orders, which included a restriction on being with male children under 16, and arrested him. (Count 4)
Second Indictment
Following a forensic examination of the seized mobile phone a total of 48 indecent images of children were located, categorised below:
|
Level |
Still Images |
Moving Images |
Total |
|
1 |
28 |
0 |
28 |
|
2 |
1 |
0 |
1 |
|
3 |
14 |
3 |
17 |
|
4 |
1 |
1 |
2 |
Details of Mitigation:
Guilty pleas although the pleas considered largely inevitable.
Previous Convictions:
Relevant previous convictions for attempting to meet a child following sexual grooming (2018), possession of indecent material and publishing obscene material (2011).
Conclusions:
First Indictment
|
Count 1: |
Starting point 18 months' imprisonment. 12 months' imprisonment. |
|
Count 2: |
1 month's imprisonment, concurrent. |
|
Count 3: |
6 months' imprisonment, concurrent. |
|
Count 4: |
Starting point 18 months' imprisonment. 12 months' imprisonment, concurrent. |
Total for First Indictment: 12 months' imprisonment.
Second Indictment
|
Count 1: |
Starting point 7 years' imprisonment. 5 years' imprisonment, consecutive to the sentence for the First Indictment. |
Total: 6 years' imprisonment.
Order sought for the existing notification order be discharged and replaced with one which would remain in force for 10 years' from the date of sentence.
Restraining orders sought to commence from date of sentence for a period of 10 years under Article 10(4) of the Sex Offenders (Jersey) Law 2010 with the following conditions:
1. That the defendant be prohibited from:-
(i) Living in the same household as any person under the age of 16 unless with the express approval of the Offender Management Unit of the States of Jersey Police.
(ii) Contacting or attempting to contact, via any form of social media, internet or telecommunications system, any child he knows or believes to be under 16, unless there is a parent, guardian or responsible adult present who is over the age of 21, who is aware of the accused's convictions, and who does not have a conviction which would render him/her liable to notification under the Sex Offenders (Jersey) Law 2010.
(iii) Being alone with any child under the age of 16 years, aside from such contact which is inadvertent or unavoidable. They will be considered to be alone if there is not a parent, guardian or responsible adult present who is over the age of 21, who is aware of the accused's convictions, and who does not have a conviction which would render him/her liable to notification under the Sex Offenders (Jersey) Law 2010.
2. That the defendant be prohibited from:-
(i) Owning or having in his possession or having access to any device capable of accessing the internet, or any device capable of storing electronic data downloaded from the internet, unless:
(a) It has the capacity to retain and display the history of internet use.
(b) The defendant ensures that such history is not deleted; and
(c) That he register the device with the Offender Management Unit of the States of Jersey Police.
3. That in circumstances where the defendant finds himself in contact or alone with a child under the age of 16, that he has a positive duty to remove himself from that situation as soon as reasonably possible.
4. That the defendant cannot refuse access to police officers who are monitoring or checking on his restraining orders, and he must allow officers entry to any premises he occupies or is in control of for the purposes of searching for relevant devices.
Order sought for the forfeiture and destruction of the Samsung mobile phone.
Sentence and Observations of Court:
First Indictment
|
Count 1: |
8 months' imprisonment. |
|
Count 2: |
No separate penalty. |
|
Count 3: |
3 months' imprisonment, concurrent. |
|
Count 4: |
12 months' imprisonment, concurrent. |
Total for First Indictment: 12 months' imprisonment.
Second Indictment
|
Count 1: |
5 years' imprisonment, consecutive to the sentence for the First Indictment. |
Total: 6 years' imprisonment
Order made pursuant to the Sex Offenders (Jersey) Law 2010 that a period of 10 years elapse before the defendant is permitted to apply to no longer be subject to the notification requirements, to commence from date of sentence
Restraining orders made to commence from date of sentence for a period of 10 years under Article 10(4) of the Sex Offenders (Jersey) Law 2010 as set out above.
Order made for the forfeiture and destruction of the Samsung mobile phone.
Order made for the forfeiture and destruction of the drugs.
R. C. P. Pedley Esq., Crown Advocate.
Advocate S. E. A. Dale for the Defendant.
JUDGMENT
THE COMMISSIONER:
1. In view of the lateness of the hour and the points made by counsel we will give our reasons for the sentence we are about to announce in a written judgment which will follow shortly.
2. Pursuant to the Sex Offenders (Jersey) Law 2010 we order that a period of ten years must expire from today's date before the defendant can apply to have the Notification requirements lifted.
3. We sentence the defendant as follows. Under the First Indictment, Count 1, to 8 months' imprisonment; Count 2, no penalty; Count 3, 3 months' imprisonment concurrent; Count 4, 12 months' imprisonment concurrent making a total of 12 months' imprisonment on the First Indictment.
4. Under the Second Indictment we sentence the defendant to 5 years' imprisonment, consecutive to the sentence for the First Indictment making a total sentence of 6 years' imprisonment.
5. We order the forfeiture and destruction of the Samsung Galaxy mobile phone.
6. We order the forfeiture and destruction of the drugs.
7. We make the restraining order in the terms set out in paragraph 32 of the Crown's Conclusions.
Authorities
Protection of Children (Jersey) Law 1994
Sex Offenders (Jersey) Law 2010