Jersey Unreported Judgments

Inferior Number Sentencing - Sexual touching

[2020]JRC225

Royal Court

(Samedi)

23 October 2020

The Attorney General

-v-

Mohamed Ben-Fradj

Sentencing by the Inferior Number of the Royal Court, following a guilty plea to the following charge:

Age:  48. 

Plea: Guilty. 

Details of Offence:

At around 5pm on 8^th November, 2019, the defendant entered Carrefour Metro Gym.  He approached the 20 year old female receptionist and enquired about a gym membership.  He told the receptionist, "you have a hairy pussy?" and walked to the side of the desk.  He stood behind her and placed his arms through and under her armpits and placed his hands over her breasts (on top of her clothing).  He then started to move his hands up the side of her body in a "rubbing motion" and put his hands underneath her breasts, cupping them in his hands.  He scooped her breasts upwards and pushed them together.  The receptionist removed his hands and shouted for him to get out.  The defendant left and told her he was going to the Co-Op and would then come back.  The defendant returned 15 minutes later.  The police attended and arrested the defendant. 

Details of Mitigation:

Guilty plea and remorse.

Previous Convictions:

Previous conviction for indecent assault in 2016.

Conclusions:

Order sought for the existing notification order be discharged and replaced with one which would remain in force for 6 years' from the date of sentence. 

Recommendation for deportation sought.

Sentence and Observations of Court:

Discharged the existing notification order and ordered the defendant be subject to the notification requirements under Article 5(1) of the Sex Offenders (Jersey) Law, 2010 for a period of 6 years before he may seek to have the notification requirements removed to commence from date of sentence.

Recommendation for deportation made.

C. R. Baglin Esq., Crown Advocate.

Advocate A. M. Harrison for the Defendant.

JUDGMENT

THE BAILIFF:

1.        You are to be sentenced with regard to one count of sexual touching of a female without her consent.  We do not need to go into the detail of the offending which has been fully set out by the Crown in the Summary of Facts.  Suffice to say that on 8^th November, 2019, you entered Carrefour Metro Gym whilst apparently drunk and after a conversation with a 20 year old female member of staff and following an inappropriate and offensive sexual remark you moved around the side of the desk, stood behind her and handled her breasts over the top of her clothing.

2.        You have a previous conviction for indecent assault in 2016 and at the time when you committed the current offence you were still on the Sex Offenders Register, and we view that as an aggravating factor.  The Social Enquiry Report places you at a high risk of reoffending including a high risk of sexual offending of the same type that is before the Court today.

3.        This was a particularly unpleasant experience for the victim in this case and we have read with care the victim's statements and we fully understand how this incident has upset and worried her and caused her to be fearful.  People are entitled to be safe and to feel confident they will not be subject to molestation in their places of work and elsewhere, and the fact that this took place at work we think is also an aggravating factor in this case. 

4.        You appear to have a strange attitude to your offending but we note your expression of remorse.  We also note however, that you threatened to return after you left the gymnasium and did in fact return although did not enter the building.  There were other gym members there at the time. 

5.        We have taken into account the mitigation available to you including your guilty pleas which is, as has been said by your counsel, of real value in a case such as this, and we have also noted the other aspects of mitigation including the contents of the references provided by you and on your behalf which speak well of you.  However, you appear to be a very different person when you are in drink. 

6.        You have received non-custodial sentences in the past and they do not appear to have taught you any lessons at all.  In the view of the Court a non-custodial disposal of this matter is neither appropriate nor justified and that indeed is accepted by you through your counsel.

7.        In our view, in the round however, the Conclusions moved for by the Crown are somewhat too high and we think the correct sentence is one of 12 months imprisonment.

8.        We agree with the Crown that the appropriate period with regard to the time when you may apply to come from the Sex Offenders Register is one of 6 years and we make that order, discharging the order previously made. 

9.        We turn now to the question of deportation.  As will have been explained to you, and you have heard in Court today, the Court applies a two part test set out in the case of AG v Camacho [2007] JLR 462.  We first ask ourselves whether your continued presence is detrimental to the Island and if the answer to that is yes we go on to consider the effect of any deportation on yours and other innocent persons' human rights.  We are entirely satisfied that the presence of a predatory sexual pest with a high likelihood of reconviction is detrimental to the Island.  We repeat, you offended whilst you were on the Sex Offenders Register.  We have no reason to suppose that that will improve, other than your mere assertion that you will become abstinent from alcohol.  That has not been the case in the past and that has, so it appears on the papers before us, resulted in your divorce.

10.      The human rights considerations in this case appear to be limited to the hope on your part that you will reconcile with your ex-wife.  That hope is certainly possible, if her letter is taken at face value, which of course we do.  However, in our judgment those considerations are outweighed by the detriment to the Island that we have found and accordingly we recommend your deportation at the end of your sentence. 

Authorities

AG v Camacho [2007] JLR 462

Sex Offenders (Jersey) Law 2010

Sexual Offences (Jersey) Law 2018

K v AG, AG v F [2016] JCA 219

AG v T [2017] JRC 169

AG v Dobrin et al [2019] JRC 097

AG v Rebelo [2019] JRC 215

Sexual Council Guidelines, Sexual Offences, Definitive Guideline