Jersey Unreported Judgments

[2007]JRC008

ROYAL COURT

(Samedi Division)

12^th January 2007

Before     :

M.C. St. J. Birt, Esq., Deputy Bailiff, and Jurats Allo and Liddiard.

The Attorney General

-v-

Lawrence Edward Le Geyt

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

1 count of:

Indecent assault.

Age:  68.

Plea: Guilty.

Details of Offence:

Le Geyt knew his victim through her mother who worked for him.

The victim and her mother were invited to Le Geyt's house for lunch.  Whilst there, the victim sunbathed on the balcony and drank several alcopops.  Le Geyt went upstairs to the balcony to find the victim as her mother wanted to leave.  Le Geyt found the victim lying face down on his bed and tried to pull her off by the ankles.  This caused the victims bra to ride up.  Le Geyt then kissed her breast.  The victim then kicked Le Geyt.

The victim left the house with her mother and later reported the incident to the police.

Details of Mitigation:

Guilty plea - not wanting to put victim through pain of trial.

Regret.

Low risk of re-offending.

One-off incident.

Age.

No previous convictions.

Previous Convictions:

None

Conclusions:

Count 1:

18 months' imprisonment.

Sentence must protect the victim.

The Crown moved for a sentence of 18 months' imprisonment.

Sentence and Observations of Court:

Count 1:

15 months' imprisonment.

Court accepted that it was a one-off incident and had considered the mitigation available.

The Court stated that 12 years old were entitled to a childhood without fear of family friends abusing them in this way.  As such a custodial sentence was unavoidable.  

S. Baker, Esq., Crown Advocate.

Advocate L. Richardson for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        In the absence of a Newton hearing the Court must sentence you on the defence version of events.  We therefore deal with you on the basis that, after you and the victim's mother had been drinking and also after, somewhat surprisingly, the 12 year old victim had also been allowed to drink alcohol, you took advantage of the fact that her top had ridden up and you kissed her breasts causing her then to knee you or kick you in the area of your groin.  You then licked her ear before stopping when her mother appeared.

2.        You say in the reports that you had a periodic of sexual relationship with the victim's mother and it is agreed that they often came to your house for lunch.  There was therefore an element of trust and you breached that trust in the case of a vulnerable 12 year old girl.  Indeed we are surprised and concerned that it was the victim's friends that reported the matter to the police rather than the victim's mother.

3.        Miss Richardson has spoken powerfully in mitigation on your part.  You pleaded guilty from the outset and this goes to your credit because it spares the girl from having to give evidence.  You are of previous good character and you have had a productive employment record throughout your life running your own business.  You are now 68.  We have read the many references that have been supplied and your own letter expressing remorse.

4.        We also accept what your counsel has said, namely that this is not the most serious of assaults; it was a one-off incident to the upper part of the girl's body.  But 12 year old girls are entitled to protection from this Court.  This was a breach of trust on your part and despite the mitigation we do not think that a sentence of imprisonment can be avoided.  In view of your age and the other mitigation which has been put forward, we think we can reduce the conclusions slightly and the sentence is, therefore, one of 15 months' imprisonment.

No Authorities