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Jersey Unreported Judgments
You are here: BAILII >> Databases >> Jersey Unreported Judgments >> AG v B [2020] JRC 102 (02 June 2020)
URL: http://www.bailii.org/je/cases/UR/2020/2020_102.html
Cite as: [2020] JRC 102
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Superior Number Sentencing - rape.
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Before : |
Sir William Bailhache, Esq., Commissioner, and Jurats Ramsden, Ronge and Christensen. |
The Attorney General
-v-
B
Sentencing by the Superior Number of the Royal Court, to which the accused was remanded following conviction at Assize trial on 4th February, 2020.
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1 count: |
Rape contrary to Article 5(1) of the Sexual Offences (Jersey) Law 2018. |
Age: 40
Plea: Not guilty.
Details of Offence:
The Defendant and the complainant had been married for eleven years but in the months leading up to the offence the relationship had become strained. This was due, in part, to the Defendant embarking upon an extra-marital affair. During those months, the complainant had written emails to him on several occasions saying that he should not assume that he could have sex with her whenever he liked. At the end of 2018 they took their children on a family holiday and indulged in consensual sexual intercourse during that holiday. On the final evening, the Defendant and complainant argued about his affair before retiring to bed. They slept in the same bed in a family room which was shared with their children. The following morning the complainant was woken to feel the Defendant's erection in her back. He removed her pyjama trousers and penetrated her from behind as she lay facing the wall. She told the jury that on several occasions she said "No" and she made plain to him she did not consent. She said her fists were clenched and she was crying. Despite this the Defendant carried on having sex with her until he ejaculated. During the incident the elder child [redacted] woke and was told by the Defendant to go onto the bunk above and play with her ipad. The complainant left the bed following the incident and stayed for a period in the bathroom and told the jury that she felt "stupid" for having gone on the holiday in the first place. During the journey back to Jersey the complainant sent text messages to two friends in which she alleged that the Defendant had raped her. The couple separated soon after returning to Jersey. The complainant made an informal report of the incident to the Sexual Assault Referral Centre ten days after the incident and a formal complaint to the police just over a month after that. The Defendant denied the offence at trial. He accepted having had sexual intercourse with the complainant but maintained that this was fully consensual.
Details of Mitigation:
Good character, positive character references, loss of career and likely damage to relationship with children as result of offending.
Previous Convictions:
None.
Conclusions:
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Count 1: |
5 years' imprisonment. |
Total: 5 years' imprisonment.
Restraining order sought under the Article 5 of the Crime (Disorderly Conduct and Harassment) (Jersey) Law, 2008 until further order of the Court, as follows:
a) Not to contact the complainant, either directly, indirectly.
b) Not to go within 100 metres of the complainant's place of work.
c) Not to go within 100 metres of the complainant's home address.
d) Not to intentionally go within 50 metres of the complainant at any time all other times, and if on finding himself within 50 metres of the complainant, to take immediate steps to remove himself from her.
e) To arrange contact with the children of the marriage through an appropriate third party.
f) Not to encourage any third person to behave in a way towards the complainant that is likely to cause her harassment, alarm or distress.
No application sought in respect of notification requirements under Sex Offenders (Jersey) Law 2010 to be made until the expiry of 7 years from the date of sentence.
Sentence and Observations of Court:
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Count 1: |
Starting point of 5 years imprisonment: 4 years and 6 months' imprisonment. |
Total: 4 years and six months' imprisonment.
Restraining order made under Article 5 of the Crime (Disorderly Conduct and Harassment) (Jersey) Law 2008. Such order to remain in force for 4 years from the date of conviction.
(i) Not to contact the complainant directly or indirectly, (it being noted that indirect contact would not prevent contact through lawyers);
(ii) Not to intentionally go within 50 metres of the complainant at any time and if on finding himself within that distance he should take immediate steps to remove himself from her; and
(iii) Not to encourage any third party to behave in a way towards the complainant that would be likely to cause her harassment, alarm or distress.
No application in respect of the notification requirements under Article 5 of the Sex Offenders (Jersey) Law 2010 to be made until the expiry of 5 years from date of sentence.
S. C. Thomas, Esq., Crown Advocate.
Advocate D. S. Steenson for the Defendant.
JUDGMENT
THE commissioner:
1. You will be aware we have had a long discussion about the circumstances of this case and the court has concluded that the right sentence to be imposed is one of four and a half years' imprisonment.
2. We have taken a 5 year starting point and we have allowed 6 months for mitigation. A number of points have been raised in the course of the addresses to us and the more detailed reasons for our decision are being reserved and will be delivered later but you are sentenced to 4 years and six months imprisonment on the indictment of which you have been found guilty by the jury.
3. As a result of your conviction as you have been told already you are subject to the notification requirements under the Sex Offenders Law and it is for us today to fix the minimum term before which you can apply for release from those notification requirements. Under the statute the minimum term is five years and that is the term we are going to impose and it runs from the date of your conviction.
4. As to the Restraining Orders we do not think it is appropriate to make the orders entirely in the terms which the Crown has moved for so what we have decided is appropriate is to make restraining orders in these terms:
(a) You are not to contact the complainant, either directly, or indirectly. Indirectly, of course does not apply to contact through your lawyers in the course of the family proceedings.
(b) You are not to go intentionally within 50 metres of the complainant at any time and if on finding yourself within 50 metres of the complainant then you are to take immediate steps to remove yourself.
(f) You are not to encourage any third party to behave in a way towards the complainant that is likely to cause her harassment, alarm or distress.
5. Those are the orders we make so we are not making orders (b), (c) and (e) of those requested by the Crown. The orders will remain in place for four years' from today's date and thereafter they will lapse. Accordingly, they will continue for an amount of time after your release from custody.
6. We have not made (b) and (c) because we do not think it is appropriate that you should be required to be advised of the complainant's place of work and home address and we have not made the order under (e) because contact arrangements should be made in our view through the Family Court which will make the appropriate decision.
7. Detailed reasons will be handed down in due course. You are sentenced 4 years 6 months' imprisonment.
Authorities
Sexual Offences (Jersey) Law 2018.
Sex Offenders Law (Jersey) Law 2008.
Crime (Disorderly Conduct and Harassment) (Jersey) Law 2008.
AG v D [5th December 1995].
AG v Jones in the Inferior and Superior Number (1999/221 and 2000/22).
AG v Dobrin and Ors [2019] JRC 097.
R v Billam [1986] 8 Cr App Rep (S) 48.
R v M [1995] 16 Cr App Rep(S) 770.