A TEENAGER convicted of six sexual offences against a 13-year-old girl has had one of his convictions overturned following an appeal to the Royal Court.
The 19-year-old, who the JEP has chosen not to name, was convicted in the Magistrate’s Court in February of six counts of sexual touching without consent.
The offences related to two incidents in late 2021, when the complainant was 13 and the defendant was 15.
In a recent judgment, the Royal Court quashed one of the convictions but upheld the remaining five after hearing the appeal in June.
It also replaced his original sentence of 150 hours’ community service and nine months’ probation with a new nine-month probation order.
Deputy Bailiff Robert MacRae, who delivered the judgment with Jurats Elizabeth Dulake and Michael Berry, said the court found there was “insufficient evidence upon which the Assistant Magistrate could have reasonably concluded that [the complainant] did not consent” in relation to the first charge – which involved touching her breasts.
However, he said the Magistrate “was entitled to return the guilty verdicts which he did” on the remaining counts.
The Deputy Bailiff added that nearly two years passed between the victim’s first complaint and the trial – describing the delay as “unfortunate”.
He added that sentencing should focus on rehabilitation, given the offences were committed when the defendant was 15, saying the court was “in no doubt that the right course was to make a fresh nine-month probation order concurrent on each charge”.
He remains subject to the reporting requirements under the Sex Offenders (Jersey) Law 2010, and a restraining order preventing contact with the complainant remains in place for five years.
