Court name
Supreme Court of Turks and Caicos Islands
Case number
CR 56 of 2016

The Queen v. Simpen (CR 56 of 2016) [2016] TCASC 6 (01 November 2016);

Law report citations
Media neutral citation
[2016] TCASC 6
Coram
Shuster, J

IN THE SUPREME COURT OF THE TURKS AND CAICOS ISLANDS

CRIMINIAL JURISDICTION                                                                                       CR 56 OF 2016

THE QUEEN

-V-

IWAYAN SIMPEN

BEFORE THE HON. JUSTICE ROBERT A SHUSTER CRH

Ms. S Hall represented the Crown

Ms. L Maroof represented the defendant

Date 01st November 2016

SENTENCING REMARKS

 

1.             HAVING HEARD from Crown Counsel Ms. S Hall, and from Defence Counsel Ms. L Maroof. The defendant appears for sentencing today: - having plead “guilty” on first arraignment today on Tuesday 01st Nov 2016; at the Plea and Directions Hearing held in Grand Turk, to a single count information alleging an offence of Indecently assaulting a female a girl under the age of thirteen [13] namely twelve [12] years of age. An offence contrary to section 33 of the Offences against the person Ordinance Chapter 03.08

2.             Upon pleading guilty the defendant was convicted of the crime with which he has been charged. A Social Enquiry Report was considered unnecessary as the defendant had sought a Good Year direction from the Court on the morning of his arraignment.

3.             On Tuesday 01st Nov 2015. The facts were opened and agreed. The essence of this case is that on the 04th August 2016 the authorities received a report of a suspected case of indecent assault of a juvenile, allegedly committed by the defendant against GALIT PARSONS - a girl of 12 - years of age on a Carnival Cruise ship berthed in Grant Turk.

4.             The allegation of indecent assault apparently involved the defendant’s touching and kissing the complainant over her clothing; in an inappropriate manner. No visible injuries to the child’s body were reported - to the authorities. The defendant was thirty eight [38] years of age at the time of this offence; and employed as a cabin steward a position of trust.

5.             As a result of the complaint of Indecent assault the child Galit Parsons was interviewed by the police and a social worker and the defendant who was employed on a ship of Carnival Cruise line was arrested.

6.             As a result of the complaint of indecent assault, the defendant was formally interviewed by the police.

7.             The prosecutor confirmed to the Court how the defendant had fully co-operated with the authorities and the police. The prosecutor said the defendant also expressed his remorse and his regret at his actions and also his behavior which the defendant now fully accepts was wrong.

8.             The court takes note of the fact that the defendant pleaded “guilty” to this charge at the first available opportunity; but on the other hand the defendant appears before this court for sentencing today for this; a very serious crime.

9.             On pleading guilty the defendant was told by the court that he would be given full credit for his early guilty plea. The court has also taken an appropriate step today, to inform the defendant and in no uncertain terms, of the maximum period of imprisonment the court could impose for an offence of this type, on a trial on indictment; so as to ensure the defendant has been made well aware of the consequences of his actions. The defendant indicated to the court today, that he now clearly understands the seriousness of this case involving indecent assault on a juvenile.

ORDER - 18 month prison sentence; suspended for two year's was imposed because of- time served by the defendant from the date of his arrest

 

 

10.          This Court agrees to adopt a helping hand approach; towards the 38 year old defendant in this particular case today; because the defendant has no previous convictions; he was a person of previous good character, and he has three children and a wife in Bali Indonesia; who he says he supports.

11.          Accordingly in this case before me today, I order that the defendant is placed on an EIGHTEEN MONTH [18] month suspended prison sentence for a period of two [2] years from today’s date.

12.          The defendant is also ordered to pay the complainant the sum of TWO HUNDRED AND FIFTY US DOLLARS within 24 hours; in default of payment he will serve nine [9] months in prison. It is further recommended that the defendant is deported from the Turks and Caicos Islands; he has through his Counsel agreed to voluntarily leave the TCI within three [3] days after payment of the compensation for the child victim.

13.          Finally this Court makes an Order prohibiting the name and address of the victim in this case the child GALIT PARSONS, and also publishing the identity or address of any school she attends in any newspaper article or press / radio / or television channel, anywhere in the TCI. To do so, will be a contempt of this Court.

14.          A copy of this order is to be served on all the parties to these proceedings within 7 days of today’s date, and the defendant is specifically ordered to sign an acknowledgment of this order - forthwith.

DATED 01ST NOV 2016

JUDGE OF THE SUPREME COURT