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Digital copy of The Attorney General v. Witness 195 before the Royal Court, Samedi Division. [Some details redacted]. Taken from Jersey Law on 15 October 2014. For Witness 195's witness statements to the States of Jersey Police dated between 2003 and 2009, see C/D/AW1/B1/2/1/19.
2004 - 2004
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1. Indictment laid against Witness 195 before the Deputy Bailiff M C St J Birt and Jurats Le Brocq and Le Cornu. Refers to one count of an offence and Witness 195's guilty plea. Gives details of offence, referring to allegations of sexual abuse by a male voluntary helper [Mr X] at Haut de la Garenne whilst Witness 195 was aged between 6 and 10. Refers to two versions of events leading up to commission of the offence, involving contact between Witness 195 and Mr X in 2003 and request for money by the former of the latter. Includes details of mitigation, referring to the allegations of sexual abuse, conduct of Witness 195 during statement of complaint made by him to the States of Jersey Police, Witness 195's fragile psychological condition, intentions in respect of any money received and no contact with Mr X since incident Refers to Witness 195's previous convictions, noting bad record before Jersey Maigstrate's Court, Royal Court and Magistrates' Courts in the United Kingdom since 1966. Refers to minor motoring and larceny offences, minor dishonesty and a conviction for assault on police. Notes conclusions of the Crown to invite the Court to sentence Witness 195 to two years' imprisonment. Gives details of sentence and observations of the Court, noting sentence of 18 months' imprisonment, suspended for 2 years. Refers to decision of the Court to sentence on the basis that the allegations of sexual abuse were true. 2. Judgment of the Deputy Bailiff in respect of The Attorney General v. Witness 195. Names Crown Advocate A J Belhomme and Advocate J Bell for the Defendant (Witness195) Notes severity of the offence with which Witness 195 is charged. Refers to decision of the Court to proceed in the case on Witness 195's version of events, commenting on the offence from this perspective. Notes area of personal mitigation, referring to Witness 195's guilty plea, co-operation, difficult background and reformed character, good work record, low risk of re-offending assessment contained in a Probation Report, and written references from his wife, former wife and family. Also refers to a report from Witness 195's general practitioner and Mr Hollywood, the consultant psychologist, noting assessment that Witness 195's actions were a symptom of his psychological state. Refers to possibility of community service, sentence of 18 months' imprisonment and decision to suspend the sentence for two years.
Belhomme, A J
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1 pdf file
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