Jersey Unreported Judgments

Superior Number Sentencing - gross indecency - indecent assault

[2021]JRC277

Royal Court

(Samedi)

8 November 2021

Before     :

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

The Attorney General

-v-

W

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded following conviction at Assize trial on 21^st July 2021 on the following charges:

1 count of:	Procuring an act of gross indecency (Count 1)
3 counts of:	Indecent assault (Counts 2, 3 and 4)

Age: 

Plea: Not Guilty. 

Details of Offence:

The victim was aged between seven and ten years at time of offending which occurred between 2013-2016.  Defendant had known victim since birth: he was her godfather and a trusted family friend. He was a regular visitor to family home.  He acted as a father figure.

 

Count 1: Defendant was driving victim home; he stopped in car park. Victim could see his penis hanging out of his shorts.  He got out of car, took out his penis and masturbated to ejaculation.  Told victim to touch his penis which she did.  He warned her not to tell anyone otherwise she would not see him again.

 

Count 2: At a family gathering at the victim's home, the Defendant kissed her on the mouth putting his tongue into her mouth.  He told her not to tell anyone.

 

Count 3: Whilst at the Defendant's home , the Defendant on a number of occasions touched the top part of her chest: his hand was underneath her clothing.

 

Count 4:  Whilst at Defendant's home, the Defendant on a number of occasions put his hands down the inside of her underwear, touching and rubbing her vagina.  No penetration.

 

Victim made disclosure when aged 16 to mother, school friend and the school  Designated Safeguarding Lead:  victim gave evidence remotely behind screens at trial.

 

In cross examination she was accused of lying.

 

The Defendant did not give evidence at trial.

 

The jury returned unanimous guilty verdict on Count 1 and majority guilty verdicts (11 v 1) on Counts 2, 3 and 4.

 

Victim Personal Statements from victim before Court at sentencing.  Clear impact upon her: remained in fear of seeing the Defendant.

Details of Mitigation:

The Crown:  Gross breach of trust.  Abused position of authority and responsibility towards victim.  Made repeated threats.  No mitigation for pleas.  Not a man of good character; previous convictions albeit none for sexual offences.  No personal mitigation.  Had shown no remorse or regret.  Maintained innocence and stated an intention to appeal conviction.

 

The Defence: Contended Crown's Conclusions were too high.  Only one victim: no evidence of grooming.  No penetration.  Good work record.  Result of marriage breakdown; lost everything.  No contact with his son.  Previous convictions none for sex offences and never received custodial sentence.  Sex offences were out of character.  Opposed length of Restraining Order.  Accepted met first limb of test for deportation but second limb was disproportionate:  issue as to where he would be deported to.

Previous Convictions:

Five convictions for ten offences: common assault, malicious damage, harassment, motoring including DIC.  Also had committed a number of offences when living in the USA:  offences of dishonesty including burglary, receiving stolen property, public disorder, TADA.

Conclusions:

Count 1:	5 years and 6 months' imprisonment.
Count 2:	3 years' imprisonment, concurrent.
Count 3:	3 years' imprisonment, concurrent.
Count 4:	5 years and 6 months' imprisonment, concurrent.

Total:  5 years and 6 months' imprisonment. 

Order sought under Article 5(1) of 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 Order sought to commence from date of sentence for a period of 10 years pursuant to Article 10(4) of the 2010 Law with the following conditions:-

i. That the Defendant is prohibited from being alone with a female he knows or believes to be under the age of 16, 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 the circumstances where the Defendant finds himself alone with any females under the age of 16, accidentally or inadvertently, he has a positive duty to remove himself from that situation as soon as reasonably possible;

iii. That the Defendant must not approach, follow, or have any contact direct or indirect with the Complainant;

iv. Should the Defendant see or come into contact with the Complainant in any public or private place then he must take immediate action to avoid any breach of this Order and remove himself from that situation as soon as reasonably possible; and

v. Any breach of this Order shall be an offence for which the Defendant will be liable to imprisonment for up to 5 years and to a fine.

Recommendation for Deportation sought. 

Sentence and Observations of Court:

Conclusions granted

No recommendation for deportation made.

J. C. Gollop Esq., Crown Advocate.

Advocate A. E. Binnie for the Defendant.

JUDGMENT

THE commissioner:

1.        Because of the additional research that has been done and the arguments that have been put to the Court we are going to give our reasons in a written judgment which will follow and so we are just going to announce our decision now without the reasons.

2.        Taking first the Sex Offenders (Jersey) Law 2010 the period of 10 years will elapse from today's date before the Defendant can apply to lift the notification requirements and we impose the Restraining Orders set out in paragraph 26 of the Crown's Conclusions for the period of 10 years from today's date. 

3.        By majority we grant the Conclusions of the Crown for the sentences to be imposed, one Jurat would have imposed a higher sentence for Counts 1 and 4.  On Count 1 you are sentenced to 5 years and 6 months' imprisonment; on Count 2, 3 years' imprisonment, concurrent.  On Count 3, 3 years' imprisonment concurrent, and on Count 4; 5 years and 6 months' imprisonment, concurrent, making a total of 5 years and 6 months' imprisonment.

4.        In terms of deportation we do not recommend the deportation of the Defendant.

Authorities

Sex Offenders (Jersey) Law 2010. 

AG v BR [2006] JRC 155

AG v H [2013] JRC 010

AG v S [2017] JRC 194A

AG v W [2018] JRC 061

Sexual Offences (Jersey) Law 2018

Camacho v AG [2007] JLR 462

Immigration (Jersey) Order 1993

English Sentencing Council guidelines

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

AG v T [2017] JRC 169

AG v S [2017] JRC 194A

AG v W [2018] JRC 061

AG v D [2018] JRC 158

AG v Carrel [2019] JRC 130

AG v F [2019] JRC 182