Jersey Unreported Judgments

Inferior Number Sentencing - indecent assault.

[2017]JRC005

Royal Court

(Samedi)

9 January 2017

Before     :

J. A. Clyde-Smith, Esq., Commissioner and Jurats Crill and Sparrow

The Attorney General

-v-

Alfredo Roberto Fernandes De Oliveira

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

1 count of:

Indecent assault (Count 1).

Age:  37.

Plea: Guilty.

Details of Offence:

In the early hours of 2^nd July, 2016, the 37-year-old defendant followed the heavily intoxicated victim (aged 42) through town from Snow Hill to Devonshire Place, where he approached her from behind, put his arms around her and ushered her with force into a shop entranceway.  As he did so, he placed his hand on the victim's breast over her clothing.  He then placed his hand inside the victim's top, pushed up her bra and touched her breast under her clothing.  Whilst in the entranceway, the defendant placed his hand inside the victim's jeans and pants and touched and rubbed her vagina.  The victim suffered a tear to her vagina, consistent with forcible touching, which was caused by the manner in which the defendant touched her. 

NEWTON HEARING

The defendant entered a guilty plea which was not accepted by the Crown.  A Newton Hearing before the Superior Number was held to determine the disputed issues of fact.  The defendant disputed the following aspects of the Crown's case:

(i)      that he approached the victim from behind, put his arms around her, and ushered her forwards with force to the location of the indecent assault;

(ii)     that he inserted his finger(s) into the victim's vagina;

(iii)     that the tear suffered by the victim to her vagina was caused by the defendant by the manner in which he touched her; and

(iv)     that he exposed his penis at any point during the incident. 

The Crown was held to have proven issues (i) and (iii) to the criminal standard. Issue (ii) was not so proven.  Issue (iv) was conceded by the Crown during the Newton Hearing. 

AGGRAVATING FEATURES

Specific targeting of a lone and vulnerable victim late at night; Stalking; physical and psychological injuries; relevant previous convictions. 

Details of Mitigation:

Early guilty plea. 

Previous Convictions:

The defendant was convicted in 2013 of various motoring offences, larceny and harassment.  The harassment conviction concerned two separate incidents of the defendant following lone women at night on the streets of St. Helier.  He was sentenced to 90 hours of community service in respect of this offence.

Conclusions:

Count 1:

4 years' imprisonment.

Order sought under Article 5(1) of the Sex Offenders (Jersey) Law 2010 that a period of 10 years elapse before the accused is permitted to apply to no longer be subject to the notification requirements to commence from the date of sentence.  

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

i)              That the defendant must not approach, follow or have any contact, direct or indirect, with the victim.

ii)             If the defendant finds himself in contact with the victim he must remove himself from that situation as soon as reasonable possible.

iii)            The defendant must not approach, follow or have any physical contact with any lone female in any outdoor public place in Jersey between the hours of 8pm and am.  This restriction shall not apply to conduct which is inadvertent and which cannot reasonably be avoided in the course of lawful daily life.  Nor shall this restriction apply if -

a.     The female is the defendant's wife or child;

b.     The States of Jersey Police Offender Management Unit have given prior written approval to the defendant having contact with the female. 

Sentence and Observations of Court:

Count 1:

2 years and 8 months' imprisonment.

Order made under Article 5(1) of the Sex Offenders (Jersey) Law 2010 that a period of 7 years elapse before the accused is permitted to apply to no longer be subject to the notification requirements to commence from the date of sentence.

Restraining orders made to commence from the date of sentence for a period of 7 years under Article 10(4) with the following conditions:

i)              That the defendant must not approach, follow or have any contact, direct or indirect, with the victim;

ii)             If the defendant finds himself in contact with the victim he must remove himself from that situation as soon as reasonable possible.

Condition iii of the Restraining Order sought by the Crown adjourned to another date.

M. R. Maletroit, Esq., Crown Advocate.

Advocate J. C. Turnbull for the Defendant.

JUDGMENT

THE commissioner:

1.        There are a number of points raised this morning which we wish to deal with in a written judgment which we will issue as soon as possible but we are in a position to announce our decisions which are as follows. 

2.        Taking the provisions of the Sex Offenders (Jersey) Law 2010, we order that the minimum period before the defendant can apply to be removed from the register is 7 years from today. 

3.        Turning to the proposed restraining orders we make the first two orders set out in paragraph 24(i) and (ii) of the Crown's conclusions which relate to the victim for a period of 7 years from today.  We adjourn the proposed restraining order under paragraph 24(iii) of the Crown's conclusions to be more fully considered at a further hearing on the basis that if such a condition is imposed it will be for a period that is coterminus with the other restraining orders. 

4.        In terms of the offence you are sentenced to 2 years and 8 months' imprisonment. 

Authorities

Sex Offenders (Jersey) Law 2010.

AG-v-K [2016] JRC 158.

K-v-AG, AG-v-F [2016] JCA 219.

AG-v-Correia [2015] JRC 083.

AG-v-Jalam [2015] JRC 169.

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

England and Wales Sentencing Council Guidelines (extract).