Jersey Unreported Judgments

Superior Number Sentencing - indecent photographs - breach of orders

[2022]JRC128

Royal Court

(Samedi)

6 June 2022

Before     :

Sir Timothy Le Cocq, and Jurats Pitman, Ramsden, Christensen Averty and Le Heuzé

The Attorney General

-v-

Karn Damion Laffoley

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 29^th April, 2022, following a guilty plea to the following charges:

First Indictment

1 count of:

Breach of restraining order, contrary to Article 10(13) of the Sex Offenders (Jersey) Law 2010 (Count 1).

Second Indictment

9 counts of:	Making indecent photographs of children, contrary to Article 2(1)(a) of the Protection of Children (Jersey) Law 1994 (Counts 1, 2, 3, 5, 6, 8, 9, 10, 11).
1 count of:	Breach of restraining order, contrary to Article 10(13) of the Sex Offenders (Jersey) Law 2010 (Count 7).
4 counts of:	Distributing indecent photographs of children, contrary to Article 2(1)(c) of the Protection of Children (Jersey) Law 1994 (Counts 12,13, 14, 15).

Age:  47. 

Plea: Guilty. 

Details of Offence:

As a result of convictions from 2017, the Defendant was subject to stringent restraining orders under the Sex Offenders (Jersey) Law 2010, including a prohibition on using the internet unless supervised (see AG v Laffoley [2017] JRC 058).

 

On 16^th December 2021, the Police received information that illegal images of children ("IIOC") had been uploaded to the internet from the Defendant's address.

 

On 22^nd December 2021, Police officers executed a search warrant at the Defendant's home address.  The Defendant was arrested, and mobile phone ("the December phone") which was hidden under a DVD player was seized.

 

The December phone was submitted for examination by the Digital Forensics Unit ("DFU"), and he identified of 3,169 IIOC (all still images) comprising of Category A, B and C images and including images of Miss A who was the subject of offences committed in 2017.

 

On 7^th February 2022, Police Officers from the Offender Management Unit (responsible for monitoring those subject to notification and restraining orders under the 2010 Law) carried out an unannounced visit at the Defendant's home address.  Officers discovered a charging cable and when the Defendant was questioned, he gave the officers a mobile phone ("the February phone") which was internet enabled.  The Defendant was arrested on suspicion of breaching his 2017 restraining order.

 

The February phone was submitted for examination by DFU, and he identified a 1,011 IIOC, including still and moving images and again comprising of Category A, B and C images.  A further 43 Category C images of Miss A were also found on the February phone.  It was also identified that 42 still and 12 moving IIOC images had been distributed to three individuals via WhatsApp.  The distributed images comprised of Category A, B and C.  Thirteen of the Category C still images were of Miss A.

Details of Mitigation:

Guilty pleas entered on first opportunity. 

Previous Convictions:

31 convictions relating to IIOC offences and 8 convictions for breaching orders designed to prevent him from offending.

Conclusions:

First Indictment

Count 1:

Starting point 4½ years' imprisonment.  3 years and 6 months' imprisonment.

Second Indictment

Count 1:	Starting point 6 years' imprisonment.  4 years and 6 months' imprisonment, consecutive to First Indictment.
Count 2:	Starting point 3 years' imprisonment.  2 years and 3 months' imprisonment, concurrent.
Count 3:	Starting point 1 year's imprisonment.  9 months' imprisonment, concurrent.
Count 5:	Starting point 3 years' imprisonment.  2 years and 3 months' imprisonment, concurrent.
Count 6:	Starting point 1 year's imprisonment.  9 months' imprisonment, concurrent.
Count 7:	Starting point 4½ years' imprisonment.  3 years and 6 months' imprisonment, concurrent to First Indictment.
Count 8:	Starting point 6 years' imprisonment.  4 years and 6 months' imprisonment, concurrent.
Count 9:	Starting point 3 years' imprisonment.  2 years and 3 months' imprisonment, concurrent.
Count 10:	Starting point 1 year's imprisonment.  9 months' imprisonment, concurrent.
Count 11:	Starting point 1 year's imprisonment.  9 months' imprisonment, concurrent.
Count 12:	Starting point 6 years' imprisonment.  4 years and 6 months' imprisonment, concurrent.
Count 13:	Starting point 3 years' imprisonment.  2 years and 3 months' imprisonment, concurrent.
Count 14:	Starting point 1 year's imprisonment.  9 months' imprisonment, concurrent.
Count 15:	Starting point 1 year's imprisonment.  9 months' imprisonment, concurrent.

Total:  8 years' imprisonment.  All sentences concurrent, save for the sentences for the breaches which are consecutive to the other sentences but concurrent to each other.

Order sought under Article 5(1) of the Sex Offenders (Jersey) Law that a period of 20 years elapse before the accused is permitted to apply to no longer be subject to the notification requirements to run date of sentencing. 

Restraining Order sought to commence from date of sentence for a period of 20 years under Article 10(4) with the following conditions:-

1. that the Defendant be prohibited from contacting or approaching, directly or indirectly, any person identified in Appendix A of the order other than any contact which is inadvertent or unavoidable;

2. that the Defendant be prohibited from:

(a)     living in the same household as any person under the age of 16 unless with the express approval of the Probation and Aftercare Service;

(b)     contacting or attempting to contact, via any form of social media, internet or telecommunications system, any female he knows or believes to be under 16, unless there is a parent, guardian or responsible adult present who is over the age of 21, who is aware of the Defendant's convictions, and who does not have a conviction which would render them liable to notification under the Sex Offenders (Jersey) Law 2010; 

(c)     being alone with any female child under the age of 16 years, aside from such contact which is inadvertent or unavoidable. The Defendant will be considered to be alone if there is not a parent, guardian or responsible adult present who is over the age of 21 and who is aware of the Defendant's convictions, and who does not have a conviction which would render them liable to notification under the Sex Offenders (Jersey) Law 2010;

3.  that the Defendant be prohibited from:

(a)     having access to any device capable of accessing the internet unless his use of that device is monitored by an adult over the age of 21 who is aware of the Defendant's convictions and who has not been convicted of any offence which would render them liable to the notification requirements of the Sex Offenders (Jersey) Law 2010;

(b)     in the event that he does access the internet, that the history of that access be recorded, and that he take no steps to disguise, delete or otherwise conceal that history; 

(c)     Utilising any 'cloud' or similar remote storage media unless the Defendant declares such use to the Offender Management Unit and provides access to it on request for inspection by a member of the Offender Management Unit.

(d)     Possessing any device capable of storing digital images unless the Defendant makes it available on request for inspection by a police officer or a member of the Offender Management Unit which shall include removal of the device in order to facilitate the inspection;

(e)     Installing and/or using any electronic peer-to-peer file sharing program or website; and

(f)      Using software or hardware to encrypt or otherwise hide his IP address.

4. that the Defendant provide advance details of any proposed changes of address and employment that will have to be approved by the Probation and Aftercare Service;

5. that in circumstances where the Defendant finds himself in contact with any persons named in Appendix A, or finds himself either in contact with, or alone with a person under the age of 16, that he has a positive duty to remove himself from that situation as soon as reasonably possible;

6. that the Defendant cannot refuse access to police officers who are monitoring or checking on his restraining orders; and

7. that the Defendant may not knowingly contact or associate with anyone he knows to have been convicted of any offence which would render them liable to the notification requirements of the Sex Offenders (Jersey) Law 2010 (not to come into force until released from custody).

Forfeiture and destruction of both the December and February phones sought.

Sentence and Observations of Court:

First Indictment

Count 1:

3 years and 6 months' imprisonment.

Second Indictment

Count 1:	6 years' imprisonment, consecutive to First Indictment.
Count 2:	2 years and 3 months' imprisonment, concurrent.
Count 3:	9 months' imprisonment, concurrent.
Count 5:	2 years and 6 months' imprisonment, concurrent.
Count 6:	15 months' imprisonment, concurrent.
Count 7:	3 years and 6 months' imprisonment, concurrent.
Count 8:	6 years' imprisonment, concurrent.
Count 9:	2 years and 3 months' imprisonment, concurrent.
Count 10:	9 months' imprisonment, concurrent.
Count 11:	15 months' imprisonment, concurrent.
Count 12:	6 years' imprisonment, concurrent.
Count 13:	2 years and 3 months' imprisonment, concurrent.
Count 14:	9 months' imprisonment, concurrent.
Count 15:	15 months' imprisonment, concurrent.

Total:  9 years and 6 months' imprisonment. 

Order sought under Article 5(1) of the Sex Offenders (Jersey) Law that a period of 20 years elapse before the accused is permitted to apply to no longer be subject to the notification requirements to run date of sentencing. 

Restraining Order sought to commence from date of sentence for a period of 20 years under Article 10(4) with the following conditions:-

1. that the Defendant be prohibited from contacting or approaching, directly or indirectly, any person identified in Appendix A of the order other than any contact which is inadvertent or unavoidable;

2. that the Defendant be prohibited from:

(a)     living in the same household as any person under the age of 16 unless with the express approval of the Probation and Aftercare Service;

(b)     contacting or attempting to contact, via any form of social media, internet or telecommunications system, any female he knows or believes to be under 16, unless there is a parent, guardian or responsible adult present who is over the age of 21, who is aware of the Defendant's convictions, and who does not have a conviction which would render them liable to notification under the Sex Offenders (Jersey) Law 2010; 

(c)     being alone with any female child under the age of 16 years, aside from such contact which is inadvertent or unavoidable. The Defendant will be considered to be alone if there is not a parent, guardian or responsible adult present who is over the age of 21 and who is aware of the Defendant's convictions, and who does not have a conviction which would render them liable to notification under the Sex Offenders (Jersey) Law 2010;

3.  that the Defendant be prohibited from:

(a)     having access to any device capable of accessing the internet unless his use of that device is monitored by an adult over the age of 21 who is aware of the Defendant's convictions and who has not been convicted of any offence which would render them liable to the notification requirements of the Sex Offenders (Jersey) Law 2010;

(b)     in the event that he does access the internet, that the history of that access be recorded, and that he take no steps to disguise, delete or otherwise conceal that history; 

(c)     Utilising any 'cloud' or similar remote storage media unless the Defendant declares such use to the Offender Management Unit and provides access to it on request for inspection by a member of the Offender Management Unit.

(d)     Possessing any device capable of storing digital images unless the Defendant makes it available on request for inspection by a police officer or a member of the Offender Management Unit which shall include removal of the device in order to facilitate the inspection;

(e)     Installing and/or using any electronic peer-to-peer file sharing program or website; and

(f)      Using software or hardware to encrypt or otherwise hide his IP address.

4. that the Defendant provide advance details of any proposed changes of address and employment that will have to be approved by the Probation and Aftercare Service;

5. that in circumstances where the Defendant finds himself in contact with any persons named in Appendix A, or finds himself either in contact with, or alone with a person under the age of 16, that he has a positive duty to remove himself from that situation as soon as reasonably possible;

6. that the Defendant cannot refuse access to police officers who are monitoring or checking on his restraining orders; and

7. that the Defendant may not knowingly contact or associate with anyone he knows to have been convicted of any offence which would render them liable to the notification requirements of the Sex Offenders (Jersey) Law 2010 (not to come into force until released from custody).

Forfeiture and destruction of both the December and February phones sought.

Ms L. B. Hallam, Crown Advocate.

Advocate G. D. Emmanuel for the Defendant.

JUDGMENT

THE BAILIFF:

1.        We will give our reasons for our decision in a written judgment that will follow subsequently, and we will simply at this point deal with the final sentence and orders in this matter.

2.        We agree that the period before which the defendant can apply to be released from the provisions of the Sex Offenders Register should be one of 20 years.  With regard to the restraining order, we think in the circumstances of this case it is correct to impose a period of 20 years and we make the restraining order in the terms read out by the Crown Advocate during the course of this hearing.  We do not propose to read them again.

3.        We order the forfeiture and destruction of the telephones as requested by the Crown and we do not make any order for contribution to costs.

4.        We agree with the general approach of the Crown in terms of sentence, that the breach of the restraining orders justify concurrent sentences with regard to each other but consecutive sentences with regard to the IIOC offending.  We have made some variations both to the starting points and indeed to the finishing points which we will now set out, but the reasons, as I have said, will be explained in a judgment that will be delivered subsequently.

5.        For the breach of the restraining orders, from a starting point of 4½ years' imprisonment, we agree with the Crown that the sentences should be 3½ years' imprisonment.

6.        With regard to Count 1 on the Second Indictment the sentence is 6 years' imprisonment.  With regard to Count 2 the sentence is 2 years and 3 months' imprisonment.  With regard to Count 3 the sentence is 9 months imprisonment.  With regard to Count 5 the sentence is 2½years imprisonment. With regard to Count 6 the sentence is 15 months' imprisonment.  With regard to Count 8 (we have previously dealt with Count 7 - being the breach of the restraining order) the sentence is 6 years' imprisonment.  With regard to Count 9 the sentence is 2 years and 3 months' imprisonment.  With regard to Count 10 the sentence is 9 months' imprisonment.  With regard to Count 11 the sentence is 15 months' imprisonment.  With regard to Count 12 the sentence is 6 years' imprisonment.  With regard to Count 13 the sentence is 2 years 3 months' imprisonment.  With regard to Count 14 the sentence is 9 months' imprisonment.  With regard to Count 15 the sentence is 15 months imprisonment.

7.        Those sentences are concurrent other that the breach of restraining orders which are consecutive making a total of 9 years and 6 months' imprisonment. 

Authorities

Protection of Children (Jersey) Law 1994. 

Sex Offenders (Jersey) Law 2010. 

AG v Le Gallais [2021] (1) JLR 24. 

AG v Godson and Crowley [2013] JRC 091. 

AG v N [2011] JRC 157. 

AG v N [2013] JRC 052. 

AG v Laffoley [2017] JRC 058. 

R v Smith and Ors [2012] 1 Cr App R (S) 82. 

Police Chiefs' Council Sentencing Levels.