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Jersey Unreported Judgments

You are here: BAILII >> Databases >> Jersey Unreported Judgments >> AG v Taylor Jan-2022 [2022] JRC 004 (11 January 2022)
URL: http://www.bailii.org/je/cases/UR/2022/2022_004.html
Cite as: [2022] JRC 004, [2022] JRC 4

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Inferior Number Sentencing - indecent assault.

Before :

J. A. Clyde-Smith OBE., Commissioner and Jurats Austin-Vautier and Cornish

The Attorney General

-v-

John Cameron Golder Taylor

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

1 count of:

Causing a sexual act without consent, contrary to Article 8(1) of the Sexual Offences (Jersey) Law 2018 (Count 1).

Age: 29.

Plea: Guilty.

Details of Offence:

On 20^th February 2021, the Defendant entered the family home of the victim (then 19 years old), went into his bedroom whilst he was sleeping, got into his bed and performed oral sex upon him without his consent.

That evening, the front door had been left unlocked, as was normal for the family. The victim, whose bedroom was on the ground floor, woke up to the sensation of someone sucking his penis. He initially thought it may have been his girlfriend but was not sure if he was dreaming. He sat up in bed and reached behind him to turn the light on, at which point he realised he was not wearing any underwear, which he had on before he went to bed.

The Defendant was sitting on the bed in front of him, naked. In a state of shock, the victim asked who he was.

The Defendant hurriedly put on his clothes and tried to leave. The victim managed to grab him with his arm around the neck, but he broke free. When the victim tried to call the police the Defendant said, "no, please don't do that". The Defendant managed to get out of the bedroom and out through the front door before running away.

The victim shouted for his mother who came downstairs. He told her he had been raped. He called the police, said that he had been raped and that he "...had no idea who it was".

On arrest, the Defendant was agitated and argumentative. During the custody booking-in procedure, he said, "there was consent" and "I hooked up with the guy he was a tosser".

The Defendant, who had a complex mental health background, was initially diagnosed at 12 years old (2004) with autistic spectrum disorder and until 2014 was treated by a combination of child and adolescent psychiatrists (and psychologists) in England and Jersey.

In 2014, his responsible clinicians were of the view that he was not suffering from a mental disorder, but considered he had an antisocial personality disorder.

His mental health deteriorated after his police interview. Prison doctors considered that his behaviour was highly suggestive of a mental disorder requiring treatment.

On 15^th July 2021, the Crown applied for the Defendant's transfer to Llanarth Court secure hospital under Article 62 of the Mental Health (Jersey) Law 2016. The Defendant was duly transferred on 23^rd July 2021 where he was detained until the date of sentence.

Expert reports were obtained from his treating clinician and a second doctor, both Consultant Forensic Psychiatrists. The Defendant displayed bizarre behaviour in hospital and only engaged sporadically and/or erratically with the doctors.

On 6^th December 2021, the Court found the Defendant fit to plead. He then pleaded guilty to the offence.

In a report prepared for sentencing, the Defendant's treating clinician opined that the Defendant had a diagnosis of Antisocial Personality Disorder and a probable psychotic illness (like Schizophrenia).

Details of Mitigation:

Guilty plea.

Previous Convictions:

The Defendant was subject to adverse findings in Southampton Juvenile Court between 2008 and 2009, for assault occasioning actual bodily harm, destroying/damaging property, common assault and battery; for which he was made subject to compensation orders and/or reparation orders and/or an absolute discharge.

In 2015 he was convicted of false imprisonment in Jersey, for which he was given an 18-month Probation Order in the Magistrate's Court (which he went on to breach).

Conclusions:

Count 1:

20 months' imprisonment.

Total: 20 months.

Furthermore, the Defendant having been sentenced should be detained in accordance with Article 67(3)(a) of the 2016 Law, at an approved establishment, namely Llanarth Court pursuant to Article 67(3)(a) and 67(7) of the Law, his discharge from Llanarth Court shall be subject to an application to the Court if made prior to the expiration of his sentence.

Order sought under Article 5(1) of the Sex Offenders (Jersey) Law 2010 that a period of 5 years should elapse before the Defendant is permitted to apply to no longer be subject to the notification requirements, to commence from the date of sentence.

No Restraining Orders Sought.

Sentence and Observations of Court:

Count1:

2 years' and 2 months' imprisonment.

Total: 2 years' and 2 months' imprisonment.

Furthermore, the Defendant having been so sentenced shall be detained in accordance with Articles 67(3)(a) and of the 2016 Law at an approved establishment, namely Llanarth Court, pursuant to Article 67(3)(b) and 67(7) of that Law his discharge from Llanarth Court shall be subject to an application to the Court being made prior to the expiration of his sentence.

Order granted under Article 5(1) of the Sexual Offenders (Jersey) Law 2010 the Defendant should be subject to a notification period of 5 years from today's date.

No Restraining Order made.

S. C. Brown, Esq., Crown Advocate.

Advocate R. C. L. Morley-Kirk for the Defendant.

JUDGMENT

THE commissioner:

1. We are going to set out our reasons for the sentence we are going to impose in a written judgment which will follow shortly, but in our view the sentence moved for by the Crown is too low. This case involves a serious violation of the victim's body, in the privacy and security of his bedroom, when he was asleep and defenceless and this by a complete stranger with the profound impact upon the victim as made clear in his impact statement.

2. We are therefore going to sentence the Defendant to 2 years and 2 months' imprisonment rather than the 20 months moved for by the Crown. So, we therefore sentence the Defendant to imprisonment for a term of 2 years' and 2 months.

3. Furthermore, the Defendant having been so sentenced shall be detained in accordance with Articles 67(3)(a) and of the 2016 Law at an approved establishment, namely Llanarth Court, pursuant to Article 67(3)(b) and 67(7) of that Law his discharge from Llanarth Court shall be subject to an application to the Court being made prior to the expiration of his sentence.

4. As to the Sexual Offenders (Jersey) Law 2010, the Defendant should be subject to a notification period of 5 years from today's date.

Authorities

Sexual Offences (Jersey) Law 2010.

Sexual Offender (Jersey) Law 2010

Mental Health (Jersey) Law 2016.

AG -v- Lally [2014] JRC 120B.

AG -v- Sousa 26^th October 2001 [2001/219].

AG -v- Ferreira 20^th September 2002 [2002/172].

Ferreira -v- AG [2003] JCA 011.

AG -v- Richards [2010] JRC 158.

AG -v- Vieira [2021] JRC 293.

AG -v- Bulpin [2020] JRC 260.