Boy spared jail for indecent assault

Tuesday 06 March 2018

Guernsey's Royal Court has sentenced a teenager to a total of 170 hours community service after he admitted indecent assault and he was found guilty of three other offences.

The boy, who cannot be named for legal reasons, was also sentenced for being in possession of a bladed article and two counts of cannabis possession; offences which occurred whilst he was on bail following the admitted indecent assault.

The boy was under the age of the 16 at the time of the indecent assault in August 2016 while his female victim was a few years older than him. She reported the assault to police shortly after it happened.

The boy pleaded guilty to the indecent assault, admitting he had touched her intimately above her clothing. The incident happened late at night, at a residential address in the island. Both the defendant and the victim told investigating officers they had consumed the class B drug Cannabis. She had also been drinking alcohol at the time of the indecent assault. 

Whilst on bail, the boy was found to be in possession of a bladed article and was also charged with two counts of possession of cannabis.

In the Royal Court his defence lawyer, Advocate Richardson, outlined how the boy had turned his life around in the last year all of his own volition, and not because of a court order to do so.

She said that he had secured employment and a clear career path including further training and education in his chosen field. She went on to state that he had cut ties with a long standing group of friends which would further assist him in leading a law abiding life.

Advocate Richardson reminded the court that the boy was just a naive child at the time of the offences and had no routine or clear path and that since the commission of these crimes to sentencing he had turned his life around and had shown genuine remorse and embarrassment at the outcome of what was his first sexual experience. 

She said her client was very aware of the seriousness of his crimes and had packed a bag in case of a custodial sentence, but she asked the court to be lenient with him, again reiterating his young age. Finally, she stated that whilst this was a sexual offence, the boy was not a sexual risk to the public.

In sentencing, Judge Russell Finch said that there was ample reason for a custodial sentence taking into account all four charges. He stated that knives kill people and that people need protecting from the lasting consequences of drugs. He commented on the fact that a boy, yet to turn 18, had managed to have convictions on his record from three different areas of criminal law.

Judge Finch said that he had taken everything into account though, and as a result gave him 120 hours community service as a direct alternative to six months in prison for the indecent assault, and 50 hours community service as a direct alternative to one month in prison for the other offences.

He also gave him a 12 month notification period to run from 14 September 2017.

Speaking directly to the boy Judge Finch said: "I have a long memory and an unforgiving nature; if I see you in this court again be prepared for a free van ride to St Sampsons."

Reiterating the fact that any reoffending would result in prison, Judge Finch said: "Come back for anything serious and you will need that bag you packed. You are walking now, you won't walk again."