On Friday, 19 January 2018, at a session of the Supreme Court sitting in Jamestown, St Helena Island, Justin Green of Edinburgh, Tristan da Cunha, having pleaded guilty to one count of sexual activity with a child, was sentenced.
His Lordship Chief Justice Ekins handed down a six month custodial sentence that was suspended for two years and imposed a Sexual Offences Prevention Order for a period of five years. The sentence passed will mean that Green will be placed on the register of sex offenders and will be subject to notification requirements for seven years.
The sentencing comes at the end of a two year-long police investigation made challenging by cross jurisdictional issues. The investigation underlines the commitment of the Tristanian Authorities to safeguard children and young people and to bring those that would offend against children to justice.
Regardless of whether a relationship is consensual or not the onus and burden must rightly fall on the adult to establish age and ensure informed consent is obtained. The age of consent is 16 years of age, and consent must be freely given and informed – the influence of alcohol, the applying of pressure, fear or force may mean that true consent is not given.
Chief Justice Ekins also commented during sentencing that the laws used to prosecute Justin Green were intended also to protect young people from themselves as often unwise or ill informed choices are made by the young. As a community we all have a responsibility to protect those young people living within and visiting that community.
A suspended sentence means that if the recipient was to be convicted of another criminal offence during the period that the suspension was in force then an immediate prison sentence would be imposed in addition to any further penalty.
A Sexual Offenders Prevention Order is a civil order imposed by the Courts prohibiting the named individual from taking part in certain activities or being in the company of young people in certain circumstances.
The Tristan Constabulary would like to thank their colleagues in the Attorney General’s Chambers for their guidance and assistance and also those members of the public that came forward with information.
Tristan da Cunha Government
22 January 2018