Sex offenders' sentences will not change

Thursday 24 November 2016

Two convicted sex offenders – Nicholas Price Marvin (51) and Jose Avelino Cabral Da Costa (36) – learned today that their sentences will not change. Da Costa had appealed his ten-year jail term, while the Attorney General had argued for a tougher sentencing against Marvin; both appeals were denied.

Da Costa (pictured), whose crimes were described as “sadistic” by the Bailiff, was sentenced in August after pleading guilty to two counts of indecent assault on a child aged seven and nine years between 2005 and 2008. He was handed a ten-year jail term and an order to sign the Sexual Offenders’ Register for 15 years.

Pictured: Jose Avelino Cabral Da Costa's appeal against his ten-year jail term was denied.

On Monday and Tuesday, he appeared in the Court of Appeal – attended by judges Bailiff William Bailhache, Clare Montgomery QC and David Anderson QC – with an interpreter. 

While Advocate Michael Haines, defending, had appealed the sentence on the grounds of Da Costa’s “good character” and the absence of “aggravating features” such as violence or grooming.

Attorney General Robert MacRae argued, however, that the offences would have been classified as rape rather than indecent assault had they taken place in England, and were serious enough to be sentenced with the sentencing guidelines for rape in mind.

Marvin, a former lifeboat crewman imprisoned for five years and four months after committing sexual assaults on two children, faced a longer sentence. 

His case came to the attention of the public after a petition (pictured below) calling for a longer prison sentence circulated on social media. Having received nearly 1,000 signatures, the petition was forwarded to the Attorney General.

Pictured: The Change.Org petition calling for an increased sentence for Marvin.

The Attorney General had moved for a jail term of 12 years and six months in accordance with English sentencing guidelines, warning that under sentencing, “…blunts the effect of law, demoralises police, causes injustice to those appropriately sentenced, …[and] may cause public danger.”

Advocate Mike Preston, defending Marvin, argued that Jersey and English sentencing guidelines should not be mixed and appealed for, “…recognition of the anxiety and concern” a second sentence would have on the defendant.

Of his case, the Bailiff announced, “…the sentences imposed by the Royal Court still stand.” 

Reports detailing the conclusions made by the Court of Appeal are to be published in due course.