AG v Hatte [2004] JRC 176 (01 October 2004)
- Citation
- [2004] JRC 176
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Sentencing
More details
- Posture
- Criminal / Sentencing
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Despite personal mitigation, the seriousness of the offence, breach of trust, and public interest require a custodial sentence of two years' imprisonment.
Court disposition
convicted and sentenced
Orders
- Defendant sentenced to 2 years' imprisonment
- Counselling recommended during imprisonment
02
Material facts
Parties
Crown
Prosecution Counsel: Crown Advocate SharpeDefendant
Defendant Counsel: Advocate FogartyAmounts and remedies
- Imprisonment Term: years 2
03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
Sentencing for sexual intercourse with a minor
- 02
Abuse of position of trust
- 03
Mitigation based on personal circumstances
Party arguments
- Applicant
- The Crown detailed the offence, emphasizing the defendant's position of trust, the vulnerability of the victim, and the need for a custodial sentence.
- Respondent
- Advocate Fogarty argued mitigation based on the defendant's tragic personal life, isolated and lonely existence, and distinguished the case from others cited.
05
Court’s reasoning
Legal principles
- 01
A. G. -v- Hamon [2003] JRC149
Abuse of trust aggravates sexual offences against minors.
- 02
A. G. -v- Rosser (22nd March, 2002) Jersey Unreported; [2002/67]
Personal mitigation may be considered but does not outweigh public interest in sentencing for serious offences.
06
Ratio, limits and disposition
Ratio decidendi
Despite personal mitigation, the seriousness of the offence, breach of trust, and public interest require a custodial sentence of two years' imprisonment.
Obiter and limits
- Bereavement and other counselling should be provided in prison.
- The defendant's excellent work record and personal tragedy were considered but did not alter the sentence.
Court disposition
convicted and sentenced
- Defendant sentenced to 2 years' imprisonment
- Counselling recommended during imprisonment
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
JUDGMENT THE COMMISSIoNER: 1. For a 61 year old man to have sexual intercourse with a vulnerable 14 year old is an indictment in itself.
2. You have pleaded guilty to what is an appalling offence, but by so doing you have saved this young girl the further distress of a trial.
3. We have to say that you were in a position of trust as regards this young girl, not in the sense of a teacher or a near relative but because she treated you as a friend and a confidant over a period of several years. You gave her presents and clearly built up a relationship with her. You knew of her troubled background. You were warned by the police to keep away from the child, but continued to see her.
4. We have to say that the Probation and Psychological Reports make for some disturbing reading, and your personal life is full of tragedy.
5. The details of this offence have been fully described to us by Crown Advocate Sharpe and we need to consider what has been so ably said by Advocate Fogarty in mitigation. She has, of course, repeated the details of your family life and has said that this isolated and lonely existence that you led has branded you and she draws a distinction between your case and those others cited to us. We agree with that.
6. We are certain that you need bereavement and other counselling whilst in prison but on reflection we can find no fault with the conclusions of the Crown. Against your personal situation we have to put the feelings of the general public. Despite your excellent work record, and it is an excellent work record, and the problems you will face on leaving prison we have to follow the conclusions of the Crown and you are sentenced to 2 years' imprisonment. Authorities A. G. -v- Hamon [2003] JRC149. A. G. -v- Rosser (22 nd March, 2002) Jersey Unreported; [2002/67]. A. G. -v- Perkins (9 th January, 1998) Jersey Unreported; [1998/2]. A. G. -v- Hatte [2004] JRC143. Page Last Updated: 24 Mar 2017 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
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