A man who was handed community service for what was described as “one of the worst” cases of domestic abuse is now being sent to prison, after appeal judges threw out the controversial Royal Court sentence that sparked widespread public outrage.

62-year-old Terence Michael Tremarco had originally been handed 456 hours of community service for a string of violent attacks between 1994 and 2000 – but was this afternoon taken to HM La Moye to begin a three-year prison term.

The original decision provoked strong backlash from islanders and campaigners, who argued the courts had, instead of setting a helpful precedent, caused victims to stop trusting the justice system.

But, on appeal by the Attorney General, the Court of Appeal agreed this afternoon that the sentence was too “lenient”, stating that the repeated and life-threatening nature of the assaults demanded prison time.

Court of Appeal judge Michael Furness said that it wasn’t reasonable to impose anything “other than an immediate custodial sentence”.

The court had a responsibility not to damage public confidence in the prosecution of domestic violence cases, he added.

The case

In the years between 1994 and 2000, Tremarco had assaulted his wife 10 times, often after a night out which he returned from early.

When the woman would get home, he would become angry, asking where she had been, and physically assaulting her. The attacks included kicking and punching her, including after she had fallen to the floor, dragging her, and strangling her.

He also verbally abused her and told her to “die, f**king die”.

During the original hearing, Crown Advocate Luke Sette described the offending as “one of the worst cases of enduring domestic violence to have appeared before the courts”.

After the last incident, Tremarco left the island and didn’t return until 2007. This was when the woman reported the abuse to the police, out of fear of meeting him. But he left before he could be interviewed.

Tremarco returned again in 2023, when he was interviewed and charged with the offences.

The appeal

At yesterday’s Court of Appeal hearing, Advocate Sette, appearing on behalf of the Attorney General, argued that other offenders could still be deterred with a prison sentence, and that the assaults were very serious.

Non-fatal strangulation, he argued, puts the victim at a real risk of death. He asked the court to give Tremarco a five-year custodial sentence.

Tremarco’s defence team said that the community service order may have been lenient – but that it wasn’t unduly lenient.

Advocate Greg Herold-Howes argued that the case was “exceptional” and that Tremarco had had 24 years to rehabilitate himself, keeping an unblemished record in the 2000s.

The Bailiff, Sir Timothy Le Cocq, was presiding with Court of Appeal judges Clare Montgomery and Michael Furness.

In handing down the sentence this afternoon, Mr Furness noted that there was a high level of violence involved in the ongoing attacks – so severe, that the victim had feared for her life – and resulted in serious injuries and long-lasting psychological damage.

They did, however, take into account his guilty plea and remorse, as well as the fact that he had already completed 100 hours on remand.

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