Jersey Unreported Judgments

Superior Number Sentencing - assault - rape.

[2024]JRC022

Royal Court

(Samedi)

24 January 2024

The Attorney General

-v-

Andrei Alexandru Dumitrache

Sentencing by the Superior Number of the Royal Court, following guilty pleas to the following charges:

Age:  29.

Plea: Guilty.

Details of Offence:

The Defendant anally and orally raped his [Victim].  The Defendant also assaulted the Victim immediately prior to the rapes.  [Redacted].

The Defendant arrived at the Victim's home late in the evening and after initially being in good spirits [redacted].  He accused her of lying and called her a bitch.  He then assaulted her by punching her in the head.  The Victim asked the Defendant to stop and he continued punching her and kicking her whilst reading her messages.  He punched her about ten times and kicked her in the legs four or five times. 

The Defendant then grabbed the Victim, pulled her clothes off her, pushing her down on her bed and anally penetrated her.  It was forceful and the Victim was pleading with him to stop and telling him no.  The Defendant told her that he would not stop "until I've finished".  He said, "you hurt me, so I'm going to hurt you".

The Defendant then orally raped her, ejaculated in her face, then spat in her face and called her disgusting.

The Defendant in interview denied that he had gone to the Victim's address that evening, saying that he had gone to town for drinks and purportedly to identify himself in CCTV footage from outside Havana Nightclub.  DNA matching the Victim was found on swabs taken from the Defendant's penis and when this evidence was put to the Defendant, he stated that he had had sexual intercourse with the Victim in the days before which earlier he had stated had not happened.

Details of Mitigation:

Benefit of guilty pleas but they were not entered on first appearance so full credit has not been given.

Previous Convictions:

Defendant has previous convictions in Jersey and in Spain.  Defendant has a conviction for grave and criminal assault in 2016 against a previous partner.

Conclusions:

Total:  8 years' imprisonment.

Notification under Sex Offenders (Jersey) Law 2010 sought with a period of 15 years before the Defendant may apply to have the notification requirements disapplied.

Domestic Abuse Protection Order sought for a period of 15 years or Restraining Order for an indefinite period.

Recommendation for Deportation sought.

Sentence and Observations of Court:

Total:  6 years and 9 months' imprisonment.

Notification under Sex Offenders (Jersey) Law 2010 made with a period of 10 years before the Defendant may apply to have the notification requirements disapplied.

Domestic Abuse Protection Order made for a period of 10 years, until 24 January 2034

Recommendation for Deportation made. 

Crown Advocate L. Sette for HM Attorney General.

Advocate A. E. Binnie for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        Andrei Dumitrache, you are 29 years old and born in Romania.  You stand to be sentenced for rape and assault upon your victim, [redacted].

2.        On the evening of 28 October 2022, you had agreed to meet up with your victim at her home after you had both finished work.  You were in a bad mood and demanded to see her mobile telephone.  You [redacted] assaulted her - calling her a bitch and repeatedly punching her in the head and repeatedly kicking her in the legs.

3.        You said that she had hurt you, so you were going to hurt her.  In the bedroom of her own home, you pulled her clothes off, pushed her down onto her bed and penetrated her anus with your penis causing her pain.  You ignored her tears and her pleas that you should stop.  When you removed your penis from her anus and whilst she was still on her bed you turned your victim over and put your penis in her mouth.  You masturbated and ejaculated on her face saying, "See that's what I think of you".  You spat in her face and called her disgusting.

4.        In her Victim statement she says she did not stay at home for the following six weeks as she was too scared to be there on her own.  She lost time at work and has been significantly affected by being raped [redacted].  She says it will take a long time for her to trust anyone again and she is not sure that she will ever get over the experience of being attacked in this way by you.

5.        She contacted her best friend the next day to tell her what you had done to her and then she went to the police.  She underwent ABE interviews on 29 October 2022 and again in March of last year.  A medical examination at Dewberry House shortly after you attacked her revealed bruising to her forehead, shins, and a red abrasion on her anus.

6.        You were arrested on 29 October 2022 and swabs taken from your penis indicated that you had had sexual contact with your victim in the recent past, [redacted].  Your semen was also found on her pyjamas.  During various police interviews, you either denied the offences or made no comment.

7.        You pleaded not guilty before the Magistrate's Court and before the Royal Court when you were arraigned on indictment, but you changed your plea to guilty on 29 September 2023 approximately three months before you were due to be tried by the jury.  You will receive significant credit for that plea of guilty, which has spared your victim from giving evidence.  We accept the submission made by your counsel that such credit should amount to a 25% reduction from the starting point to which we will shortly refer.  

8.        We have considered the approach to sentencing in rape cases which was established by the case of Attorney General v Vieira [2021] JRC 293 and subsequent authorities and most recently summarised in the case of Attorney General v E [2023] JRC 044 where the Court said:

"3.      The Court does not intend to set out at any length the principles of sentencing that we have applied as we believe they are clear.  Firstly, and importantly the Court has decided what is the appropriate sentence to fit the individual facts of this case.  Every case of rape is different.  Secondly, we are entitled to and have taken into account the sentencing guidelines for England and Wales in the following ways.  We have paid attention to the structure of the guidelines.  In this Court's view it provides a logical and structured way to approach any sentencing exercise, in particular we have adopted the separate consideration of harm and culpability and considered the aggravating and mitigating features of the three offences.  Every case, as I have said, is different on its facts so no guideline can or intends to cover every possible permutation of aggravating and mitigating factors.

4.          Where it comes to the suggested starting points and ranges of sentence in the guidelines, the Court has recognised that, in general, Jersey courts have regarded those ranges as being appropriate while not feeling bound by them. They have not adopted an unduly mathematical approach which can be the result of a rigid application of the guidelines.  It is important that there should be some guidance as to the length of sentence to ensure there is consistency in sentencing.  The Court has paid attention to the necessity when considering the guidelines, to avoid the possibility of double counting."

9.        This was a rape of your victim in her own home after you had physically assaulted her, leaving her with physical and psychological injury, and subject to the presence of various aggravating features to which the Crown has referred. 

10.     We have listened with care to all that your counsel has said on your behalf and take into account those submissions.  Although you have no previous convictions for sexual offences recorded against you, you do have a criminal conviction in 2016 for an assault against a previous partner. 

11.     We agree that it is appropriate to make a domestic abuse protection order in your case under the terms of the Domestic Abuse Jersey Law 2022.  We have applied our minds to the statutory test and conclude that on the balance of probabilities there is a risk of further domestic abuse by you towards your victim and that it is necessary to make such an order.  We make that order conscious of the fact that you are about to start a prison sentence and may be deported in due course.

12.     We have considered all the relevant criteria and make the order so as to protect your victim and in accordance with the provisions in the statute in the terms sought by the Crown for a period of 10 years.  In addition, you will be automatically subject to the notification requirements under the Sex Offenders (Jersey) Law 2010 for a minimum period of 10 years.

13.     Both counsel agree that this offence, if considered by a Court in England and Wales would be treated as a category 2B case of rape, with a starting point of 8 years' imprisonment and a range of 7 to 9 years' imprisonment.  Of course, that categorisation is not binding in the Courts of Jersey, but it is a matter that this Court is entitled to take into account and has had regard to. 

14.     We find that this was a calculated use of sexual violence to punish, humiliate and degrade your victim.  The starting point on Counts 2 and 3 is 9 years' imprisonment.  The sentences we impose are as follows:

(i)        Count 1, 15 months' imprisonment.

(ii)       Count 2, 6 years' and 9 months' imprisonment.

(iii)      Count 3, 6 years' and 9 months' imprisonment.

All to run concurrently, making a total of 6 years' and 9 months' imprisonment.

15.     Finally, we deal with the question of deportation.  We are satisfied that your continued presence is detrimental to the Island, and notwithstanding your residence here since 2015 and your wish to stay in Jersey, your lack of local ties enables us to conclude that your human rights and other interests are outweighed by the detriment to the public of the Island caused by your continued presence.  In the circumstances we have no hesitation in recommending your deportation at the conclusion of the sentence we have just imposed. 

Authorities

Sexual Offences (Jersey) Law 2018

Sex Offenders (Jersey) Law 2010.

AG v Vieira [2021] JRC 293.

AG v E [2023] JRC 044.

AG v Goncalves [2022] JRC 097.

Camacho v AG [2007] JLR 462.

Domestic Abuse Jersey Law 2022.

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

English Council Sentencing Guidelines - Rape.