R v Rong Chen, Simon Dempsey and Jason Owen Hinton
| Jurisdiction | Northern Ireland |
| Judge | Stephens J |
| Neutral Citation | [2012] NICC 26 |
| Court | Crown Court (Northern Ireland) |
| Date | 06 July 2012 |
Neutral Citation No. [2012] NICC 26
Ref:
STE8525
Judgment: approved by the Court for handing down
Delivered:
6/7/12
(subject to editorial corrections)*
IN THE CROWN COURT IN NORTHERN IRELAND
________
BELFAST CROWN COURT
________
THE QUEEN
-v-
RONG CHEN, SIMON DEMPSEY and JASON OWEN HINTON
_______
STEPHENS J
Reporting restrictions
[1] I start by reminding that there is an automatic reporting restriction
in this case. No matter relating to the victims shall during their lifetimes be
included in any publication if it is likely to lead members of the public to
identify any of them.
[2] In these sentencing remarks I will refer to those victims whose
names are presently known by initials. I make it clear that those initials
have no association with their real names.
Pleas of guilty
[3] Rong Chen, on 30th April 2012 and after the jury had been sworn on
26 April 2012, you pleaded guilty to:-
(a) Controlling prostitution for gain between 1st January 2008 and
2nd February 2009 contrary to section 53(1) of the Sexual
Offences Act 2003.
(b) Controlling prostitution for gain between 1st February 2009
and 29th May 2009 contrary to Article 63(1) of the Sexual
Offences (Northern Ireland) Order 2008.
(c) Trafficking within the United Kingdom for the purposes of
sexual exploitation contrary to section 58(1) of the Sexual
Offences Act 2003.
(d) Entering into an arrangement to control criminal property
contrary to section 328(1) of the Proceeds of Crime Act 2002.
On 11th March 2011 you had been arraigned in relation to the counts to
which you eventually pleaded guilty. The Bill of Indictment was
subsequently amended on 14th April 2011 and 17th April 2012. These
amendments did not affect the substance of the charges against you. Six
other counts were left on the books not to be proceeded with without the
leave of this court or the Court of Appeal. It is accepted by the prosecution
that during the course of police interviews you made significant
admissions.
[4] Simon Dempsey on 26th April 2012 and immediately prior to the
jury being sworn you pleaded guilty to:-
(a) Aiding and abetting the control of prostitution for gain
between 1st January 2008 and 2nd February 2009 contrary to
section 53(1) of the Sexual Offences Act 2003.
(b) Aiding and abetting the control of prostitution for gain
between 1st February 2009 and 29th May 2009 contrary to
Article 63(1) of the Sexual Offences (Northern Ireland) Order
2008.
(c) Three counts of entering into an arrangement to control
criminal property contrary to section 328(1) of the Proceeds of
Crime Act 2002.
At your arraignment on 11th March 2011 you had pleaded not guilty to all
counts. At that stage you were also charged with the offence of trafficking
within United Kingdom for the purposes of sexual exploitation contrary to
section 58(1) of the Sexual Offences Act 2003. After a decision had been
made by the prosecution not to proceed with the charge of trafficking you
entered these guilty pleas. The count in relation to trafficking was left on
the books not to be proceeded without the leave of this court or the Court
of Appeal. It is accepted by the prosecution that by the end of the police
interviews you had made substantial and in effect complete admissions to
the offences to which you eventually pleaded but maintained your
innocence in relation to the charge of trafficking.
[5] Jason Owen Hinton on 30th April 2012 and after the jury had been
sworn you pleaded guilty to:-
(a) Aiding and abetting the control of prostitution for gain
between 1st January 2008 and 2nd February 2009 contrary to
section 53(1) of the Sexual Offences Act 2003.
(b) Aiding and abetting the control of prostitution for gain
between 1st February 2009 and 29th May 2009 contrary to
Article 63(1) of the Sexual Offences (Northern Ireland) Order
2008.
At your arraignment on 11th March 2011 you had pleaded not guilty. Prior
to you entering your plea of guilty the prosecution had agreed a basis of
plea. I will set that out later in these sentencing remarks. It is accepted by
the prosecution that by the end of the police interviews you had made
complete admissions to the offences to which you eventually pleaded
guilty.
Two counts in relation to controlling prostitution for gain
[6] I should explain the reason why there are two counts in relation to
the offences of controlling prostitution for gain and aiding and abetting
Rong Chen to control prostitution for gain. The reason is that the
legislation governing the offences changed over the period that the
offending behaviour occurred. Section 53 of the Sexual Offences Act 2003
was replaced in respect of the period after 2nd February 2009 by Article 63
of the Sexual Offences (Northern Ireland) Order 2008. Accordingly you
each face two counts, one under section 53 of the Sexual Offences Act 2003
governing one period and the other under Article 63 of the Sexual Offences
(Northern Ireland) Order 2008 governing the other period. The offence of
controlling prostitution for gain under Article 63(1) is in identical terms to
section 53(1). Under both a person commits the offence of controlling
prostitution for gain if— (a) he intentionally controls any of the activities of
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