JERSEY’S Appeal Court has ruled that the community sentence given to a man who repeatedly attacked his former partner was “unduly” lenient and he should instead be sent to prison for three years.
Terence Michael Tremarco (61) carried out nine grave and criminal assaults and one assault against the woman more than two decades ago.
He was originally given 456 hours’ community service after pleading guilty to the attacks, which were described as “one of the worst cases of enduring domestic violence” to appear before the courts by the prosecution.
Judges on Jersey’s Court of Appeal ruled on Wednesday that a three-year custodial sentence was justified – Tremarco was remanded in custody.
Outlining the reasons for its decision, the appeal court highlighted that Tremarco’s actions were violent, repeated, accompanied by verbal abuse and his victim was left fearing for her life on several occasions.
Judges also drew attention to the lasting psychological impact, the severity of her injuries and the fact the incidents occurred in a domestic setting.
In mitigation, they acknowledged Tremarco’s guilty plea, his rehabilitation and remorse and that he had completed 100 hours of his community service order so far.
Tremarco’s assaults on his victim left her with permanent scars on her face and psychological harm.
The Law Officers’ Department was given permission to appeal the case in November.
The sentencing decision was brought to the court under Article 45A of the Court of Appeal (Jersey) Law 1961, which states that the Attorney General can refer a case to the Court of Appeal for a sentencing review if it is “unduly lenient”.
Crown Advocate Luke Sette appeared in front of the Court of Appeal on Tuesday morning to appeal the sentence on behalf of the Attorney General.
Advocate Sette stressed that the victim had endured long-lasting harm, suffering with symptoms of PTSD, and said that “the harm caused was not only physical, but psychological”.
Tremarco’s attacks included several instances of non-fatal strangulation, which Advocate Sette said was a threat to the victim’s life.
He cited research by Dr Jane Monckton-Smith – a leading academic in the area of domestic homicide – saying that non-fatal strangulation was one of the leading predictors of homicide in a relationship.
The woman was entitled to feel safe in her own home and the assaults were committed by someone who should have had her best interests in mind, he said.
The crown advocate asked the court to give Tremarco a five-year custodial sentence – the same sentence that was asked for during the original Royal Court sentencing hearing.
Advocate Greg Herold-Howes, defending, argued the sentence was not “unduly” lenient.
He told the court that Tremarco had spent 24 years rehabilitating himself and highlighted the community service he had already carried out.
The decision to spare Tremarco prison when he was sentenced in September last year was branded “astonishing” and “concerning” by Jersey Domestic Abuse Support.
The Bailiff, Sir Timothy Le Cocq, was presiding with Court of Appeal judges Clare Montgomery and Michael Furness.
A full judgment will be published in due course.
