Queen v JQ
| Jurisdiction | Northern Ireland |
| Judge | Higgins LJ |
| Judgment Date | 2009 |
| Neutral Citation | [2009] NICA 44 |
| Date | 30 June 2009 |
| Court | Court of Appeal (Northern Ireland) |
1
Neutral Citation No. [2009] NICA 44 Ref:
HIG7572
Judgment: approved by the Court for handing down Delivered:
30/6/09
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
ATTORNEY GENERAL'S REFERENCE (Number 2 of 2009)
_________
THE QUEEN
-v-
JQ
________
Before Higgins LJ, Coghlin LJ and Morgan J
________
HIGGINS LJ
[1] On 21 October 2008 at Londonderry Crown Court the offender pleaded
guilty to 14 offences of indecent assault which occurred between January 1974
and August 1984. The complainants were three sisters who were his full
cousins. On 9 December 2008 he was sentenced by the Recorder of
Londonderry to 18 months imprisonment on each count concurrent and the
sentences were suspended for a period of three years. In addition ancillary
orders relating to the Sex Offenders Register were imposed. The Attorney
General has applied to this court under section 36 of the Criminal Justice Act
1988 to have the sentences imposed quashed on the ground that they were
unduly lenient. We granted leave on 9 June 2009 and the application was
heard on that date.
[2] The offender is now 51 years of age. At the time of the offences he was
aged between 15 years and 7 months and 25 years and 3 months.
[3] The complainants are MD; AS and SM. They were aged 43 years, 42
years and 37 years respectively at the date of sentencing. AS disclosed the
offences during counselling in 2005 and this was followed by disclosures by
her sisters.
[4] The offences can be categorised in three groups.
1. Counts 1 to 5 and 11 to 14 relate to all three sisters and occurred when
the offender was babysitting at their home between 1973 and 1978
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