Jersey Unreported Judgments

[2009]JRC148

ROYAL COURT

(Samedi Division)

24^th July 2009

Before     :

Sir Philip Bailhache, Kt. Commissioner and Jurats Le Breton, Le Brocq, Le Cornu, Morgan, Liddiard and Fisher.

The Attorney General

-v-

G

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 26^th May, 2009, following guilty pleas to the following charges:

2 counts of:	Indecent assault.  (Counts 5 and 9).
1 count of:	Procuring an act of gross indecency.  (Count 12).
2 counts of:	Neglect of a child under sixteen years, contrary to Article 35 of the Children (Jersey) Law 2002.  (Counts 13 and 14).

Age:  58.

Plea: Guilty.

Details of Offence:

The defendant sexually abused his daughter and her friend over a two month period.  The daughter was abused in her family home at a time when her mother was terminally ill.  The following offences were committed:-

1.     Two indecent assaults were committed on the daughter aged 14 in December 2004 and January 2005.  The defendant performed oral sex on her, digitally penetrated her vagina and simulated sexual intercourse by rubbing his penis in her vaginal area.  Not all of these acts occurred on both occasions.

2.     On two further occasions in January 2005, the defendant procured the daughter to masturbate him.  He than continued to masturbate and ejaculated in her presence.  Defendant paid her a small sum of money or other treat to do this. 

3.     The defendant indecently assaulted his daughter's 15 year old female friend in January 2005, when she stayed at the defendant's flat during a sleepover with the daughter.  The girl was asleep when the defendant approached her.  He kissed her on the lips and touched her breast over clothing.  He rubbed her leg and also touched her stomach.

4.     Two charges of neglect.  Family home in squalid state in September 2008.  Kitchen was filthy, food was going off and clothes strewn everywhere.  Graffiti on the walls.  Four other adults (the defendant's children) lived in the home.

Details of Mitigation:

Defendant pleaded guilty at the Plea and Directions stage.  At that point, the prosecution offered no evidence in respect of more serious allegations.  Defendant of previous good character.  He wrote a letter to the Court expressing remorse and he had the support of some of his other adult children who wrote a letter to Court

Previous Convictions:

None.

Conclusions:

Count 5:	6 months' imprisonment, consecutive.
Count 9:	4 years' imprisonment.
Count 12:	3½ years' imprisonment, concurrent.
Count 13:	No separate penalty.
Count 14:	No separate penalty.

Total:  4½ years' imprisonment.

Sentence and Observations of Court:

Court observed that the defendant took advantage of the children.  The daughter was abused in the family home which should have been a place of safety.  Appalling conduct.  In mitigation, it was noted that remorse was shown and the defendant was lucky to have the support of his other children.

Court concluded that assault on the friend should be concurrent rather than consecutive.

Otherwise conclusions granted.

Count 5:	6 months' imprisonment.
Count 9:	4 years' imprisonment, concurrent.
Count 12:	3½ years' imprisonment, concurrent.
Count 13:	No separate penalty.
Count 14:	No separate penalty.

Total:  4 years' imprisonment.

H. Sharp Esq., Crown Advocate.

Advocate S. A. Pearmain for the Defendant.

JUDGMENT

THE commissioner:

1.        This defendant is to be sentenced for a number of indecent assaults upon a fourteen year old child and her friend and for procuring acts of gross indecency to be committed upon him.  The assaults involved the digital penetration of the vagina, oral sex and simulated sexual intercourse.  They were very serious indecent assaults.  They were committed in gross breach of trust on account of the relationships between the defendant and his victims.  The offences for which he is to be sentenced took place over a 2 month period and he was aged 53 at the material time. 

2.        As this Court has said on many occasions, the sexual abuse of children is a crime that causes revulsion in all right thinking people.  The betrayal of a child's trust, particularly when that betrayal takes place in a family home, which ought to be a place of safety, is an appalling offence.  The principal victim has stated that she has not been seriously affected by the assaults but she is still very young and one cannot be sure what the future will bring.

3.        In mitigation the defendant has pleaded guilty to these offences and expressed remorse.  He has written a letter to the Court in which he has expressed his repugnance for what he has done. 

4.        You took advantage of this child to satisfy your sexual desires.  We accept that you are ashamed of yourself.  You are very lucky, we think, to have the support of your remaining children and that is an important matter in your favour.  We do not think that a consecutive sentence is appropriate on Count 5 but in other respects we think that all the mitigating matters urged upon the Court by your counsel have been taken into consideration by the Crown Advocate.

5.        You are accordingly sentenced as follows, on Count 5 to 6 months' imprisonment, on Count 9 to 4 years' imprisonment, on Count 12 to 3½ years' imprisonment, all those sentences to be concurrent, making a total of 4 years' imprisonment and we will impose no separate penalty on Counts 13 and 14.

Authorities

Brewster-v-AG [2001] JLR 312.

AG-v-Hayman [2008] JRC 211.