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Law Officers "considering" controversial domestic abuse judgment

Law Officers

Wednesday 11 September 2024

Law Officers "considering" controversial domestic abuse judgment

Wednesday 11 September 2024


The Attorney General's Department is currently "considering" next steps amid significant public backlash to a Royal Court decision not to imprison the perpetrator of "one of the worst cases of enduring domestic violence" the island's courts had ever seen.

Terence Michael Tremarco (61) pleaded guilty on Monday to nine counts of grave and criminal assault and one of assault against a woman between 1994 and 2000, and was given 456 hours' community service for the attacks – some of which left his victim fearing for her life.

News of the sentencing decision was met with significant criticism from islanders and campaigners, who said they were concerned about the message the ruling sends to perpetrators and victims.

And the leader of a gender-based violence taskforce which found that there was a serious lack of trust in Jersey's criminal justice system said the decision was "shocking to many people" and said she hoped it would be appealed.

Asked by Express whether they would appeal the sentence, the Law Officers' Department responded: "We will not be making any comment on this case but can confirm that the Law Officers’ Department is considering this decision."

Kate Wright, who is due to start as the CEO of domestic abuse charity Freeda in October, told Express: "It is hard to understand how a non-custodial sentence was arrived at given the horrific nature of the violence perpetrated over years against this poor woman, even if the perpetrator did plead guilty.  

"Yet again my inbox has been flooded with messages from women and men alike questioning this sentencing, and very concerned and upset at the message received by victims of VAWG from the courts, that abuse and violence against women is not viewed by them as a serious crime."

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Pictured: Kate Wright, Chair of the Violence Against Women and Girls (VAWG) taskforce.

The repeated attacks against the woman included several instances of non-fatal strangulation. 

Crown Advocate Luke Sette, prosecuting, described the case as "one of the worst cases of enduring domestic violence to have appeared before the courts” — and asked for Tremarco to receive a five-year jail sentence. 

The Crown Advocate told the Royal Court how, over a period of six years, Tremarco subjected his victim to regular attacks that left her with permanent scars on her face. 

In one incident, Tremarco punched and kicked the woman until she was on the floor, while in another he dragged the victim by her hair, pushed her, and punched her.

Another incident, in which he strangled her, the victim said she recalled thinking: “Oh my God, he’s killing me, I’m going to die here.”

Tremarco would also scream at the woman, and verbally abuse her, calling her obscene names.

The most serious assault took place in 2000, when Tremarco punched the victim until she fell to the ground outside their flat. He was described as having “absolutely lost it”, screaming at the woman to “die, f**king die” while he dragged her by her hair, pushed her and punched her. 

After this assault, Advocate Sette said Tremarco left the island for the UK in 2000 and did not return until 2007. 

Upon hearing of Tremarco’s return, the victim made a police report — but Tremarco left the island again before he could be interviewed. 

He then returned again in 2023, leading to another report and his subsequent arrest.

He was then interviewed for the first time and admitted all of the assaults. 

Advocate Herold-Howes, defending, said that Tremarco was now a changed man.

“It’s almost impossible to reconcile the flashes of anger and violence with the man that he is today,” he said.

He also argued that the case was "out of the ordinary" due to the historic nature of the offences and Tremarco's good behaviour in the intervening years.

He noted that he could have put the victim through a trial in what would have been an "awful and traumatic ordeal" for her, but opted not to do so.

“There is considerable value in the guilty plea, more so than in a normal case," he added.

Handing down the community service order, Commissioner Sir William Bailhache, presiding, said that the courts “wish to send out the strongest message that domestic abuse will not be tolerated”. 

He highlighted the “seriousness of the assaults” but added that Tremarco had made an effort to take himself out of the situation and had no other convictions for 24 years. 

The Jurats were split on the decision, with two advocating for a custodial sentence and three for community service. 

Sir William said that though there were two female Jurats sitting, the split in opinion was not along gender lines. 

He did not receive a domestic abuse protection order under the Domestic Abuse Law 2022, but was given a five-year restraining order. 

The Jurats sitting were Elizabeth Dulake, Kim Averty, Andrew Cornish, David Le Heuzé, and Michael Berry.

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