HMA v DANIEL JOHN JAQUES

At the High Court in Edinburgh Lord Uist sentenced Daniel John Jacques to 3 years and 4 months imprisonment after he pled guilty to attempted rape.

4 July 2013

On sentencing Lord Uist made the following statement:

"You pleaded guilty to the attempted rape of a 30 year old woman in her own home in Tayport on Monday 10 September last year. You had been in her company in the course of the evening of 9 September when she was out with friends in a public house. In the early hours of 10 September you phoned a male friend of hers and found out from him that he had left her asleep on her bed “out for the count”. You then made your way to her house and obtained entry because the keys had been left in the outer lock. You then partially undressed, put on a condom, got into her bed, lay on top of her and attempted to have intercourse with her. When she awoke and pushed you off you rolled off her and left the house, closing the door behind you. When detained by the police on 11 September you initially denied your involvement but later admitted what you had done.

You are still only 20 years old. Your previous convictions consist only of road traffic offences, which I shall ignore for present purposes. I have considered the terms of the criminal justice social work report and Tay Project Assessment report on you and all that has been said on your behalf in mitigation. Although you have no previous convictions for violent or sexual offences and your victim did not sustain any physical injuries the aggravating factor in this case is that this was a calculated sexual attack on a woman as she lay in bed in her own home and it has had profound psychological consequences for her. Moreover, had it not been that she awoke and pushed you off, you would undoubtedly have gone on to rape her.

Had you been convicted by a jury after trial I would have imposed a sentence of 5 years detention. As you pleaded guilty at an early stage you must been given credit for that and the sentence will therefore be discounted to 3 years 4 months detention from today’s date.

As a result of the sentence which I have imposed you now become subject to the notification requirements of the Sexual Offences Act 2003 for an indefinite period."