Jersey Unreported Judgments

2000/178

3 pages

ROYAL COURT

(Samedi Division)

 

8^th September, 2000

 

Before:  Sir Philip Bailhache, Bailiff, and

Jurats Myles and Allo

 

The Attorney General

-v-

Roger Arthur Holland

 

 

2 counts of indecent assault (counts 1 & 2).

 

Age:   35

 

Plea:   Guilty.

 

Details of Offence:

 

Intimate touching under clothing.  Breach of trust: member of St. John's Ambulance Brigade; first victim was a cadet; second was a friend's daughter entrusted to Holland's care

 

Details of Mitigation:

 

Wanted help.

Guilty plea.

 

Previous Convictions:   1986: indecent assault on a female person aged 14.

 

Conclusions: 3 year Probation Order, with attendance for minimum of 12 months at Wolvercote Centre, abiding by its rules and regulations.

 

Sentence and Observations of the Court:   Conclusions granted.

 

Repulsive offences - but lower end of scale.

Abused trust.  Lasting distress caused to victims.  Few Crimes are more serious than exploitation of children.

Persuaded on balance by reports in the interests of public safety that he receive compulsory treatment.   If breach can expect custodial.

 

Advocate S.E. Fitz, Crown Advocate;

Advocate D.E. Le Cornu for the accused.

 

 

JUDGMENT

 

THE BAILIFF:

 

1.            Holland, these were repulsive offences, albeit, perhaps, at the lower end of the scale.  You abused the trust which was placed in you by the St. John's Ambulance Brigade and by one of your work colleagues and you have caused lasting distress to your young victims.

 

2.            There are few crimes more serious than the exploitation of children and the fact that these offences took place many years ago is not a reason for not sending you to prison.

 

3.            The only factor which has persuaded us to grant the conclusions of the Crown Advocate is that we have been persuaded on balance by all the reports which we have read that it is in the interests of public safety that you should receive compulsory treatment to cure your paedophile tendencies and to prevent you from being a continuing threat to young girls.  I have to warn you that if you do not comply with the terms of the Probation Order and co-operate to the fullest extent with the institution to which you will go and with the programme which has been mapped out for you, then you will be brought back to this Court and the likelihood is that you will receive a custodial sentence.

 

4.            The sentence of the Court is that you are placed on probation for three years subject to the usual conditions and subject to the additional condition that you attend for treatment at the unit which you have attended and that you comply with all the terms and conditions of that institution.

Authorities

 

 

Creighton -v- AG (21^st July, 1994) Jersey Unreported; (1994) JLR N.14.

 

AG -v- A (23^rd October, 1992) Jersey Unreported.

 

Whelan: Aspects of Sentencing in the Superior Courts of Jersey: pp. 97-101.

 

Ibid: Noter Up, May, 1995-1996: pp.41-43.

 

AG -v- Jouan (15^th March, 1996) Jersey Unreported.

 

Jouan -v- AG (19^th June, 1996) Jersey Unreported CofA.