Jersey Unreported Judgments

[2009]JRC111

ROYAL COURT

(Samedi Division)

5^th June 2009

Before     :

Sir Philip Bailhache, Kt., Bailiff and Jurats Morgan and Liddiard.

The Attorney General

-v-

Pawel Wlsdyslaw Modzelewski

Sentencing by the Inferior Number of the Royal Court, following a guilty plea to the following charge:

1 count of:

Affray (Count 1).

Age:  28.

Plea: Guilty.

Details of Offence:

The defendant engaged in drunken violence outside a St Helier bar late at night.  He punched one man to the floor and then punched him five times to the head area with some force.  He then punched the same man in the head area three more times after he got to his feet.  The defendant then attacked a second man who had fallen to the floor, kicking him once with force to the upper body area as he lay on the ground.  That man got up and the defendant punched him in the face.  The defendant then became involved in a scuffle near the door to the bar.  Throughout the incident, associates with him constantly sought to restrain him from further violence but he shrugged them off.  The Police arrived and the defendant walked away along Minden Place, where he kicked out at a third man and continued to threaten further violence to others as associates restrained him and led him away.  The victims were never identified and none came forward to make a complaint.  The entire incident was captured on CCTV.

Aggravating features: considerable and protracted drunken violence in a public place with punches and a kick administered to victims on the ground.  The defendant appeared willing to offer even more violence but was restrained from doing so.  The Court observed that it was clear he had "lost control".

Details of Mitigation:

Guilty plea at the earliest opportunity, though full credit was not deserved since the CCTV footage meant a guilty plea was inevitable.  But for motoring matters, he was of good character and was able to produce employer references which spoke well of him.

Previous Convictions:

Minor previous motoring matters dealt with at Parish Hall.

Conclusions:

Count 1:

15 months' imprisonment.

Deportation recommendation sought.

Sentence and Observations of Court:

The Court is determined to make it clear that this kind of behaviour will not be tolerated and will attract severe punishment.

Count 1:

15 months' imprisonment.

Deportation not recommended.

M. T. Jowitt, Esq., Crown Advocate.

Advocate S. A. Pearmain for the Defendant.

JUDGMENT

THE BAILIFF:

1.        This defendant has pleaded guilty to an affray during which he committed several acts of drunken violence including punching and kicking people while they were on the ground.  It is clear, from the CCTV footage that the Court has viewed, that the defendant was restrained by his friends from further acts of violence and that he has a lot to be thankful for in the sense that his friends acted with that restraint.  So far as the defendant was concerned he was plainly drunk and out of control.  The fighting on the streets of the town presented an appalling spectacle. 

2.        We are not persuaded that no passers by witnessed any of the violence.  It is true that the CCTV cameras did not reveal the presence of others but at that time of night it seems to the Court at least possible that others not within the range of the cameras witnessed the fighting and would have been put in great fear by it.  The Court is determined to make it clear that this kind of behaviour will not be tolerated and will attract severe punishment.

3.        We think that the conclusions of the Crown Advocate, notwithstanding the mitigating factors of the guilty plea and other matters are correct.

4.        Modzelewski, you are accordingly sentenced to 15 months' imprisonment. 

5.        So far as the question of deportation is concerned we have asked ourselves whether the continued presence of the defendant is detrimental to the interests of the community.  On balance we answer that question in the negative.  The defendant has pursued sporting interests in the island, has learnt the language, has been in employment and has produced good references to the Court.  We accept the submission of defence counsel that the events on this occasion were out of character and should not be repeated. 

6.        We decline therefore to make any recommendation to the Lieutenant-Governor for deportation.

Authorities

Gill-v-AG 1999/160.

AG-v-Lovegrove and McShane 2002/154.

AG-v-Harvey and McLoughlin 2002/95.

AG-v-Burke [2008] JRC 143.