AG v R

• Jurisdiction: Jersey
• Court: Royal Court
• Judge: J. A. Clyde-Smith,Jurats Tibbo,Newcombe
• Judgment Date: 03 July 2009
• Neutral Citation: [2009] JRC 137
• Date: 03 July 2009

[2009] JRC 137

ROYAL COURT

(Samedi Division)

Before:

J. A. Clyde-Smith, Esq., Commissioner and Jurats Tibbo and Newcombe.

The Attorney General

and

R

H. Sharp, Esq., Crown Advocate.

Advocate I. C. Jones for the Defendant.

Authorities

Brewster -v- AG [2001] JLR 312.

AG -v- GB [2008] JRC 122.

Criminal Justice (Young Offenders)(Jersey) Law 1994.

AG -v- Holland [2008] JRC 061.

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

1 count of: Indecent Assault. (Count 1).

5 counts of: Possession of an indecent photograph. (Counts 2, 3, 4, 5 and 6).

Age :23.

Plea : Guilty.

Details of Offence :

On 24 ^th February, 2009, the defendant was baby-sitter to his seven year old step-sister. He had sole parental responsibility. The assault took place in the girl's bedroom that night. She was dressed in her nightclothes and was tucked up in her bed. The defendant entered her room and sat on her bed. He pulled back the bedclothes and undressed the girl. He pulled her nightgown up above her stomach and removed her underwear. He then rubbed her vagina with his fingers. He admitted in interview that he had an erection and felt aroused. The defendant turned the girl over on her back. The defendant positioned himself so that his penis made contact with the girl's buttocks. He began to masturbate. At some point his step-sister returned to lying on her back. The defendant continued to masturbate himself and he ejaculated over the girl's stomach. There was no penetration at any stage.

At the conclusion of the incident, the defendant wiped the girl's stomach with tissue and she was left to go to sleep. The mother arrived home at 10:15 to find her asleep. The defendant challenged his mother to a game of chess and they stayed up until 1:00 chatting and laughing.

On Friday 27 ^th February, 2009, the seven year old girl disclosed to another member of the family that she had been assaulted by the defendant. This in turn led to his arrest and cautioned interview. He made full admissions.

Prior to the indecent assault, the defendant had been downloading child pornography onto his laptop computer. In December 2008 and again in February 2009, the defendant downloaded a total of three child pornography images and two films from the internet. The two films and an image were grade 4. The other two images were grade 1. These were downloaded using a search engine in which the defendant had typed the search items “Kiddy Porn”. The last image was downloaded on the day prior to the indecent assault. It featured an adult male apparently having sexual intercourse with a five year old girl.

Details of Mitigation :

One off event. No threats or coercion. Prosecution accept no penetration. Full admissions and therefore girl spared from giving evidence. Residual youth. Remorse expressed.

Previous Convictions :

None.

Conclusions :

Count 1:2 years' and 6 months' imprisonment.

Count 2:2 months' imprisonment, consecutive.

Count 3:2months' imprisonment, concurrent.

Count 4:2 months' imprisonment, concurrent.

Count 5:2 months' imprisonment, concurrent.

Count 6:2 months' imprisonment, concurrent

Total: 2 years' and 8 months' imprisonment.

Forfeiture and destruction of images/films and laptop computer sought.

Sentence and Observations of Court :

Court took into account all mitigation. One off event. No threats or coercion. Prosecution accept no penetration. Full admissions and therefore girl spared from giving evidence. Residual youth. Remorse expressed.

Court passed custodial sentence to reflect the abhorrence which right thinking members of society have for the corruption of young children.

Conclusions granted.

THE COMMISSIONER:

1 The defendant has pleaded guilty to 5 counts of possession of indecent films and to 1 count of indecently assaulting his seven year old step-sister at a time when he was baby-sitting for their mother. The assault took place in the girl's bedroom at night. She was dressed in her nightclothes and was tucked up in her bed. The defendant entered her room and sat on her bed. He pulled back the bedclothes and undressed the girl. He pulled her nightgown up above her stomach and removed her underwear. He then rubbed her vagina with his fingers. He admitted in interview that he had an erection and felt aroused. The defendant turned the girl onto her back and positioned himself so that his penis made contact with the girl's buttocks. He began to masturbate. At some point his step-sister returned to lying on her back and the defendant continued to masturbate himself and he ejaculated over the girl's stomach. There was no penetration at any stage. At the conclusion of the incident the defendant wiped the girl's stomach with tissue and she was left to go to sleep. The mother arrived home at 10:15 to find her asleep. The defendant challenged his mother to a game of chess and then stayed up until 1:00 in the morning chatting and laughing. On Friday 27 ^th February, 2009, the girl disclosed to another member of the family that she had been assaulted by the defendant. This in turn led to his arrest and cautioned interview where he was fully co-operative and made full admissions. The girl was thus sexually abused in the family home in her own bed at a time when the defendant had sole parental responsibility.

2 Between December 2008 and February 2009 the defendant downloaded five child pornography images and films from the internet using a search engine into which he had typed “kiddie porn”. Three were category 4 and two category 1.

3 In mitigation the Crown accept that there...