Jersey Unreported Judgments

[2008]JRC217

ROYAL COURT

(Samedi Division)

15^th December 2008

Before     :

M. C. St. J. Birt, Esq., Deputy Bailiff, and Jurats Tibbo and King.

The Attorney General

-v-

Richard Gordon Mears

Sentencing by the Inferior Number of the Royal Court, following guilty pleas to the following charges:

1 count of:	Grave and criminal assault.  (Count 1).
1 count of:	Resisting arrest.  (Count 2).

Age:  43.

Plea: Guilty.

Details of Offence:

The victim was the defendant's ex-wife.  One afternoon in August 2008, the defendant violently assaulted her upon seeing her walking along St Saviour's Road.  Mears crossed over the road, confronted her with fists clenched and shouted "I'm going to get you".  Wearing trainers, he then kicked the victim causing her to crouch down with her arms in front of and protecting her face.

He kicked the victim several times more, aiming at the head area but not connecting with the head.  Subsequently chased the victim when trying to get away from the assault.  When Police arrived Mears resisted arrest and had to be restrained with hand cuffs and leg restraints.

In interview under caution, Mears admitted the assault and explained that he had been drinking heavily since that morning and had taken extra tablets to try and calm himself down having not slept during the night.  Mears also explained that he had 'lashed out' at his ex-wife out of anger over her spending habits and their unequal financial position.

The victim's injuries comprised bruising to both arms and an abrasion on the right shoulder.  No injury was suffered to Mrs Mears' face or head.

Details of Mitigation:

Social Enquiry Report, drug and alcohol and psychiatric report set out suffering from schizophrenia and alcohol problems.  Mears himself expressed remorse in a letter of apology addressed to the Court.

Previous Convictions:

1 conviction for common assault.  Paris Hall caution for common assault.  Both committed upon victim of this offence.

Conclusions:

Starting point 2½ years' imprisonment.

Count 1:	18 months' imprisonment.
Count 2:	2 months' imprisonment, concurrent.

Total:  18 months' imprisonment.

Sentence and Observations of Court:

Schizophrenia, medication and alcohol all increase the risk of offending but are no excuses.  History of assaults on his wife.  Kicked her several times in the head area whilst crouching to protect herself and fortunately none connected with the head.  Guilty pleas.  Record means case too serious to be dealt with other than by custodial sentence.  Starting point concept is not helpful in assaults but Court agreed with the conclusions.

However, the 'resisting arrest' offence was serious.  Police Officers should be able to go about their duties safely and therefore a consecutive sentence is appropriate.

Count 1:  18 months' imprisonment.

Count 2:  2 months' imprisonment, consecutive.

Total:  20 months' imprisonment.

B. H. Lacey, Crown Advocate.

Advocate E. Le Guillou for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        Mears you have a habit of drinking alcohol which increases the likelihood of your offending.  You have also had difficulty in accepting that the relationship with your wife is over and you must move on and you also have a history of having assaulting your wife on previous occasions.  On this occasion you met her by chance in the street when she was walking with a female friend, you had been drinking, you assaulted her by kicking her several times.  We accept that this was not a case of your putting her on the ground and then kicking to the head when she was lying on the ground.  On the contrary, she appears to have been in a crouching position trying to protect herself but nevertheless, you aimed kicks up at her head.  Fortunately they did not make contact and the injuries were caused only to her arms as she tried to protect herself.  She suffered bruising to her arms and her shoulder.

2.        Now Miss Le Guillou has spoken very strongly on your behalf in mitigation.  She has emphasised your guilty plea and that we should make allowance for your mental condition.  In particular, basing herself upon the recommendation in the Probation Report, she has urged that the best way of preventing you from re-offending is to impose a probation order combined with community service.  She says that you have now accepted that the marriage is over and you have expressed a desire to cut down on your drinking.  We have discussed that when we retired and we have considered it very carefully but in our judgment, this offence, given your record, was too serious to be dealt with in that way.  Your wife is entitled to the Court's protection.  Furthermore you have been on probation before and it is clear that such orders have been completely unsuccessful in changing your attitude or your thinking at all.

3.        In all the circumstances, we see no alternative to a prison sentence.  We have to say as we have said previously, we do not find the starting point concept very helpful in assault cases but we are satisfied that the Crown's conclusions make every allowance for the available mitigation.  There is however, one other aspect.  The Crown has suggested that the offence of resisting arrest should be made concurrent.  Sometimes that is so but this was a serious case of resisting arrest.  When people resist arrest, Police Officers are put at risk of themselves being injured as they seek to bring people under control.  Police Officers are entitled to the Court's protection and we propose to make the sentence consecutive.

4.        The sentence of the Court on Count 1; 18 months' imprisonment, on Count 2; 2 months consecutive, making a total of 20 months.

Authorities

AG-v-Le Feuvre [1996] JLR N 9b.

AG-v-Sneddon 2001/201.

AG-v-Sneddon 2002/17.

AG-v-Nolan 2002/139.

AG-v-Lovegrove 2002/154.

Harrison-v-AG [2004] JLR 111.