Jersey Unreported Judgments

Superior Number Sentencing - rape - breach of the peace - motoring - breaking and entering - malicious damage

[2021]JRC278

Royal Court

(Samedi)

8 November 2021

Before     :

R. J. MacRae, Esq., Deputy Bailiff, and Jurats Crill, Ramsden, Christensen, Austin-Vautier and Hughes

The Attorney General

-v-

Joao Pedro Vieira

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 23^rd July, 2021 following a guilty plea to the following charges:

First Indictment

1 count of:

Rape, contrary to Article 5(1) of the Sexual Offences (Jersey) Law 2018 (Count 1).

Second Indictment

1 count of:	Breach of the peace by fighting
1 count of:	Driving without a licence, contrary to Article 4(1) of the Road Traffic (Jersey) Law 1956 (Count 2).
1 count of:	Using a motor vehicle uninsured against third party risks, contrary to Article 2(1) of the Motor Traffic (Third Party Insurance) (Jersey) Law 1948 (Count 3).
1 count of:	Using a motor vehicle on a road when the braking system is not maintained in good and efficient working order, contrary to Article 18 (1) of the Motor Vehicles (Construction and Use) Order 1998 (Count 4).
1 count of:	Using a motor vehicle on a road in such condition that danger is caused or is likely to be caused to any person in or on the vehicle or on a road, contrary to Article 106 (1) of the Motor Vehicles (Construction and Use) (Jersey) Order 1998 (Count 5).
1 count of:	Using a motor vehicle on a road when the lights are not maintained in good and efficient working order, contrary to Article 11 (2) of the Road Traffic (Lighting) (Jersey) Order 1998 (Count 6).

Third Indictment

1 count of:	Breaking and entering with intent to commit a crime (Count 1).
1 count of:	Malicious damage (Count 2).

Age:  26. 

Plea: Guilty. 

Details of Offence:

First Indictment

The Defendant and victim knew each other as friends and colleagues.  Following a night out, the defendant raped the victim, when she did not have the ability to consent as she was asleep.

 

The Defendant and victim had been out in town drinking and socialising with friends.  After leaving town in the early hours of the morning the Defendant and victim went to the victim's home to watch television.  The victim changed into her pyjamas and got into bed with the Defendant.  The victim fell asleep.  She woke up with no pyjama bottoms or underwear on, lying on her back on the bed with her legs in the air.  The defendant was penetrating her vagina with his penis.  The victim turned away and pretended to still be asleep.  The defendant remained at the address and left the next morning when asked to do so by the victim.

 

In the days following the rape the defendant admitted the offence to the victim via Facebook messenger.  The Defendant reported the offence to the Police himself and admitted the offence in interview.

 

The Defendant pleaded not guilty on Indictment but vacated his not guilty plea following a pretrial directions hearing.

 

The aggravating factors in the case were the location, the Defendant was intoxicated, and the victim was in a vulnerable state.

 

The victim had sustained severe psychological harm as a result of the offence.

 

Second Indictment

On 27^th January 2021 the Defendant and his brother got into an argument inside their sister's home.  The argument escalated to a physical alteration.  The Defendant and his brother left the address and continued fighting on the street.  Members of the public attempted to separate the pair, but they continued fighting until the police arrived.  The Defendant fled the scene on a motorbike for which he had no licence or insurance.  He was stopped by the Police at the end of the road.

 

The motorbike was examined by DVS and found to have defective bodywork and the front brake lever was so deformed that it could only be operated by two fingers.  The rear lights were operative, but the lenses were broken exposing white light to the rear when the lights were operated.

 

Third Indictment

On 20^th June 2021, the Defendant moved into his brother's flat.  On 10^th July 2021 the Defendant's brother told the Defendant he could no longer stay with him.  Later that morning the Defendant's brother received messages from the Defendant showing damage to his property.  The brother ran home and found the Defendant had damaged several items of his clothing with a blade.  He had also created a hole in a television screen, bent a wireless keyboard and headphones.  He cut the wire to the headphones and placed an apple mac mini in the sink with the tap running.  An Xbox and a sound system were found to be damp.  The total damage to the items was estimated to be £1,250.  The Defendant was arrested later that day.

Details of Mitigation:

Guilty pleas and remorse. 

Previous Convictions:

One previous conviction for malicious damage.

Conclusions:

First Indictment

Count 1:

4 years' imprisonment.

Second Indictment

Count 1:	1 month's imprisonment.
Count 2:	No separate penalty.
Count 3:	1 month's imprisonment, consecutive.
Count 4:	No separate penalty.
Count 5:	No separate penalty.
Count 6:	No separate penalty.

Total:  2 months' imprisonment, consecutive to the First Indictment.

Third Indictment

Count 1:	10 months' imprisonment, consecutive to the First Indictment.
Count 2:	3 months' imprisonment, concurrent.

Total:  10 months' imprisonment, consecutive to the First Indictment.

Grand Total:  5 years' imprisonment.

Recommendation for deportation sought.

Order sought for the Defendant to be subject to the notifications under the Sex Offenders (Jersey) Law 2010 for a period of 5 years from today's date before which he may seek to have the notification requirements disapplied.

Order sought for a restraining order under Article 5 of the Crime (Disorderly Conduct and Harassment) (Jersey) Law 2008 for an indeterminate period with the following conditions: -

That the Defendant be prohibited from approaching or contacting, directly or indirectly, the victim, other than any contact which is inadvertent or unavoidable.

Sentence and Observations of Court:

First Indictment

Count 1:

5 years and 3 months' imprisonment.

Second Indictment

Count 1:	1 month's imprisonment.
Count 2:	No separate penalty.
Count 3:	1 month's imprisonment, consecutive.
Count 4:	No separate penalty.
Count 5:	No separate penalty.
Count 6:	No separate penalty.

Total:  2 months' imprisonment, consecutive to the First Indictment.

Third Indictment

Count 1:	7 months' imprisonment, consecutive to the First Indictment.
Count 2:	3 months' imprisonment, concurrent.

Total:  7 months' imprisonment, consecutive to the First Indictment.

Grand Total:  6 years' imprisonment.

Recommendation for deportation declined.

Order made for the Defendant to be subject to the notifications under the Sex Offenders (Jersey) Law 2010 for a period of 7 years from today's date before which he may seek to have the notification requirements disapplied.

Restraining order made pursuant to Article 5 of the Crime (Disorderly Conduct and Harassment) (Jersey) Law 2008 for an indeterminate period with the following conditions: -

That the Defendant be prohibited from approaching or contacting, directly or indirectly, the victim, other than any contact which is inadvertent or unavoidable.

M. R. Maletroit Esq., Crown Advocate.

Advocate L. Sette for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        Mr Vieira the reasons for the sentence that we are about to pass will be given in due course in a written judgment.  So today all we are doing in your case is telling you what the Court's sentence is.

2.        In August last year you raped a friend of yours in her sleep, in her bed, in her home when you were a guest, and she should have felt safe, and in doing so you have caused her severe psychological harm.  This was an extremely serious offence and allowing for your guilty plea and your remorse you are sentenced to 5 years and 3 months' imprisonment.

3.        On the Second Indictment you are sentenced at Count 1 to 1 month's imprisonment for breach of the peace by fighting; no separate penalty for driving without a licence at Count 2; 1 month's imprisonment consecutive for driving without insurance on Count 3; and no separate penalty for driving with defective breaks at Count 4; for driving with defective bodywork at Count 5 or defective lights at Count 6, making a total of 2 months' imprisonment to be served consecutive to the sentence that we have already announced.

4.        On the Third Indictment you are sentenced at Count 1, breaking and entering with intent to commit a crime to 7 months' imprisonment, consecutive to the First and Second Indictment and on Count 2, malicious damage, 3 month's imprisonment concurrent to the 7 months, making a total of 7 months on that Indictment and a total sentence imposed today on you by this Court of 6 years' imprisonment.

5.        You are required to comply with the notification requirements under the Sex Offenders (Jersey) Law 2010 for a minimum of 7 years before you are permitted to apply to have them discharged. 

6.        The court orders a Restraining Order without limit of time as sought by the Crown at paragraph 57 of its Conclusions, and the terms of that Restraining Order are that you are prohibited from approaching or contacting directly or indirectly, and that includes social media, your victim in this case or going near her home, and as we said that is without limit of time.

7.        Finally, by a majority, the Jurats have decided not to recommend your deportation.

Authorities

Sex Offenders (Jersey) Law 2010. 

Road Traffic (Jersey) Law 1956. 

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

Sexual Offences (Jersey) Law 2018. 

AG v Da Silva [1997] JLR Notes-14a. 

AG v Da Silva [1997] JRC 218. 

AG v Gouveia [2013] (2) JLR Note 9. 

AG v Gouveia [2013] JRC 132. 

Camacho v AG [2007] JLR 462. 

AG v Poingdestre [2013] JRC 073. 

AG v Kauss and Furlong [2014] JRC 045. 

AG v Dobrin and Ors [2019] JRC 097. 

AG v Kean [2019] JRC 155. 

AG v B [2020] JRC 110. 

AG v Fernandes [2021] JRC 049. 

Whelan, Aspects on Sentencing, 3rd Edition. 

Magistrate's Sentencing Guidelines. 

R v Millberry [2003] 1 Cr App R 25.