State v Andrew Nisbet (2014) H&FLR 2014-58
Alameda County Superior Court (California)
9 October 2014
Coram: Grimmer J
Catchwords: California – criminal law – golf – coach – assault on student – sentence
Facts: The defendant was a prominent 32 year old youth golf instructor. He sexually assaulted three of his students who were aged between 12 and 17 years. He ultimately pleaded guilty to one count of “lewd and lascivious acts” on each of his victims, forced oral copulation, possession of child pornography and three counts of solicitation to murder (concerning an attempt to hire an assassin to kill his victims). As a result of a plea agreement 79 other charges were withdrawn.
Held: The offender was sentenced to 27 years and four months imprisonment and fined $10,000.00. He was ordered to pay compensation to his victims and to register as a sex offender.
The sentence imposed bears comparison to the 28 year sentence imposed in R v John Xydias (2009), The Age, 30 June 2009. for a much greater array of offences. This suggests the significance that might be attached by Californian courts to the breach of trust involved in an assault by a sports coach on one of their charges.