Jersey Unreported Judgments

[2005]JRC061

ROYAL COURT

(Samedi Division)

 

29^th April, 2005

 

 

The Attorney General

-v-

Daniel Michael Bellamy

 

Sentencing by the Inferior Number of the Royal Court, to guilty pleas on Counts 1 - 3 entered on 8^th April.

 

1 count of:	Being drunk and disorderly (Count 1).
1 count of:	Grave and criminal assault (Count 2).
1 count of:	Violently resisting a police officer in the execution of his duty.  (Count 3).

 

 

Age:     19.

 

 

Details of Offence:

Defendant was very drunk on the evening of 22^nd January 2005, loitering with other youths in Pillar Gardens in Grands Vaux, having 12 cans of larger.  He was also in possession of a 1 litre bottle of vodka.  Police were called following a report of anti-social behaviour and dispersed a small group of youths, some of whom were intoxicated.  About ten minutes later, St Saviour Vingteniers drove into the estate and saw the Defendant stagger and fall in the middle of the road.  His friends attempted to remove him from the area having been told by the Vingteniers to go home.  Defendant became aggressive and then ran off.  He fell again.  Became aggressive when Vingteniers attempted to arrest him.  They restrained him by placing him on the ground to handcuff him.  Defendant swung at the Vingteniers with the bottle of vodka still in his hand.  Bottle broke and Vingtenier claimed Defendant waved it towards his throat.  Blow deflected and no injury was caused.  Vingteniers then had difficulty in getting Defendant into their police car and States of Jersey Police were summoned to take Defendant to Police HQ.  Defendant later had no recollection of the assault due to level of intoxication.

 

Details of Mitigation:

Guilty pleas, youth (aged 19), relative good record.  Close relationship with supportive family.  Some learning difficulties.  Immaturity.

 

Previous Convictions:

 

Three minor previous convictions prior to 16^th birthday.  Defendant had complied satisfactorily with Probation in the past.

 

Conclusions:

 

 

Count 1:	Crown did not proceed to sentence.
Count 2:	12 months' Probation and 90 hours' Community Service.
Count 3:	12 months' Probation and 70 hours' Community Service, concurrent.

 

 

Sentence and Observations of Court:

 

 

Count 2	12 months' Probation and 90 hours' Community Service.
Count 3:	12 months' Probation and 70 hours' Community Service, concurrent.

 

 

Mrs S. Sharpe, Crown Advocate.

Advocate R. Juste for the Defendant.

 

 

 

JUDGMENT

 

 

 

THE BAILIFF:

1.        Bellamy we hope you understand that threatening a police officer with a broken bottle is a very serious matter and would usually be punished by a custodial sentence, so in a sense we are being generous to you in complying with the recommendations of the Crown Advocate.  We hope you now realise how things can go badly wrong when you allow yourself to get so drunk that you do not know what you are doing.  We hope that with the guidance of the Probation Officer, you will be able to address these problems and moderate your drinking and not behave in this kind of way again.

2.        We sentence you as follows.  On Court 2, we are going to place you on probation for 12 months, subject to the usual conditions that you be of good behaviour during that time and be under the supervision of a Probation Officer to live and work as directed by the Probation Officer and indeed there are a number of conditions which you will be asked to sign in a few moments when the Court has retired.

3.        We will also order you to perform 90 hours' community service on Count 2, which is the equivalent of 3 months' youth detention.  On Count 3, we will place you on probation for 12 months concurrent, and order you to do 70 hours' community service again concurrent; that being equivalent of two months' youth detention.  So the overall sentence of the Court is that you will be on Probation for 12 months and that you will perform 90 hours' community service. 

Authorities

A.G. -v- Harben and Anor (9^TH February, 2001) Jersey Unreported [2001]JRC34.

Whelan: Aspects of Sentencing in the Superior Courts of Jersey (2^nd Ed'n): pp. 779 and 780.