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Derry man who sexually assaulted 16-year-old girl loses sentencing appeal
As well as jailing Hermant Bhargava for four months, Judge Rafferty placed the offender on the Sex Offender's Register for seven years and made him the subject of a Sexual Offences Prevention Order, also for seven years. He further ordered Bhargava to pay his victim damages of £1,000
Derry Magistrates' Court
Reporter:
Court Reporter
07 Jan 2025 4:30 PM
Email:
news@derrynow.com
A 44-year-old father of two teenage children, who was sentenced to four months imprisonment at Derry Magistrates' Court last month when he admitted sexually assaulting a 16-year-old girl at his staff Christmas party in a local restaurant two years ago, has lost his appeal against the sentence.
Following the appeal hearing in the Bishop Street County Court, Judge Neil Rafferty K.C. affirmed the jail sentence.
"The victim in this case was a young, innocent and vulnerable young girl", he said.
As well as jailing Hermant Bhargava for four months, Judge Rafferty placed the offender on the Sex Offender's Register for seven years and made him the subject of a Sexual Offences Prevention Order, also for seven years. He further ordered Bhargava to pay his victim damages of £1,000.
Bhargava had intended to contest three charges of sexually assaulting his victim at the Magistrate's Court but on the morning of the contest he pleaded guilty to committing the three offences both inside and outside the restaurant on December 8, 2022 by touching the girl in a sexual manner.
Bhargava, from Birch Hill in the Waterside area of the city, had consumed so much alcohol at the party that he fell over tables smashing several glasses. When his victim left the restaurant after she'd been sexually assaulted Bhargava followed her to a taxi and again touched her in an indecent manner.
At today's appeal hearing Judge Rafferty told the victim who was in court, "there was nothing wrong that you did. Any shame is with the appellant in this case. He was culpable during the entire period of the offending".
Appealing against the jail sentence imposed last month barrister Stephen Mooney said "one night of drunken insanity on that night out has brought his marriage to the brink of collapse. He found himself in police custody and also found himself in the cells of this building".
Mr Mooney said Bhargava, who had no previous criminal record, had already been punished in terms of his domestic circumstances and said his "family unit has been upended. He has already received a degree of sanction in terms of his family".
Judge Rafferty dismissed the appeal and affirmed the orders imposed at the Magistrates' Court.
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