Victim 'wrecked' by ex-partner's late guilty plea

A victim of domestic violence says the Guernsey justice system failed her when her ex-partner pleaded guilty to charges a day before his trial was to begin.

Michaela Dowinton thought she was "going to die" when Darryl Young, 60, attacked her. She said that, while she gave an impact statement to be read out before his sentencing, she did not get the chance to have her say in court.

Young's guilty plea to grabbing her by the throat saw him receive a sentence of 120 hours of community service and to pay £1,000 compensation, which she called a "slap" that left her "wrecked".

Home Affairs President Marc Leadbeater said his committee was prioritising an "independent review of sentencing policy".

He added that, depending on timing and funding, the review could include "a focused review of specific offences and the penalties they attract".

Dowinton said she would like to see stronger sentencing for domestic abuse: "I feel like it's just a slap on the end and go on your way.

"He's given me compensation, but £10 a week is not good enough. That means he's in my life for the next two years.

"I've got no faith in the justice system whatsoever - it's failed me.

"People going through domestic violence, they don't need to be failed. They need to be listened to and that's what they need to do more of, listen to people."

Recalling the moment of abuse, she said: "I thought I was going to die that day.

"I don't know how he's felt but I've felt wrecked."

She said she was urging other victims of domestic abuse to "reach out" and said she had received support from the charities Safer and Victim Support.

"If it wasn't for them and my friends and my family, I wouldn't be here today.

"It's just the police I felt let down by, and the judge, basically."

Guernsey Police has been asked for comment.

Jenny Murphy, manager of the Victim Support and Witness Service, said late guilty pleas would "absolutely" affect people's trust in the justice system.

She said: "Justice does look different for different people.

"Getting a guilty plea means, generally, that you have a reduced sentence, that can be quite frustrating."

Murphy believes there should be a review on what discounts are given.

She said: "There really should be some kind of cut-off date, I think, as to when that guilty plea can be entered, to have any kind of a discount on your sentence."

Leadbeater said the Home Affair Committee had "been open about the fact that it is prioritising a holistic and independent review of sentencing policy in Guernsey, following a recommendation of the Justice Review Report".

"We are currently developing the scope of this review, and, while we are mindful of the current financial pressures, given the expertise required for this work and the scope of the review, the committee is currently considering engaging an independent reviewer in order to provide all stakeholders with confidence in the review outcomes."

He added: "Depending on the timing of this work, and securing funding, we have also directed officers to explore a focused review of specific offences and the penalties they attract, which, more recently, have attracted both public and political interest, in particular the perceived disparity around sentences for drug offences and sexual offences.

"The present plan is to progress this in tandem with the wider review of sentencing policy."

He explained: "We have acknowledged that the 2020 report highlights the importance of evidence-based decision making and identified gaps in data collection and analysis capabilities across justice service agencies.

"The committee has committed that the services will analyse the data they collect and importantly the data that it would be beneficial for them to access."

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