Jersey Unreported Judgments

[2009]JRC194

ROYAL COURT

(Samedi Division)

9^th October 2009

Before     :

Sir Philip Bailhache, Kt., Commissioner and Jurats de Veulle and Le Breton.

The Attorney General

-v-

Callum Thomas Montgomery

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

1 count of:

Assault (Count 2).

Age:  22.

Plea: Guilty.

Details of Offence:

Two groups of men had been out drinking in St Helier, on Saturday 26^th July, 2008.  In the first group were four men who had been to a wedding that evening and had ended up in a nightclub in town after the reception ("Wedding group").  The second group was originally comprised of the defendant and two other males, later joined in the Royal Square by three other unidentified males. 

CCTV footage shows the defendant's group of three walking up Mulcaster Street from the Royal Yacht heading towards the Royal Square at 0250.  On the other side of the road was the Wedding group, heading in the same direction.  One of the Wedding group is bald, and was called a "Slaphead" by one or several of the defendant's group.  The defendant's group continued to goad the Wedding group until they went off in a different direction. 

The defendant's group entered the Royal Square shortly thereafter, and was joined by three other males.  The six men congregated around the benches in the Royal Square in front of the steps to the Royal Court.  The Wedding group then entered the Royal Square.  They were en route to West Centre where they were to be picked up and given a lift home. 

As the Wedding group crossed through the square some members of the defendant's group started abusing the bald man, saying "You are not so cocky now slaphead."  A member of the Wedding group, Mr Bell, reacted to the abuse and swore back.

Montgomery reacted to this by walking towards Mr Bell with his arms out and chest forward in an aggressive manner.  Fearing violence, Mr Bell rugby tackled Montgomery and pinned him to the floor.  This was a trigger for the violence that followed.  This left one man unconscious with a broken jaw that has had metal pins and plates inserted into it in order to hold it together, and another with a fractured cheek bone, nose and jaw.  They had both been knocked to the ground and kicked to the head and body whilst on the floor by Montgomery's companions. 

Once he had seen the extent of the injuries the defendant remonstrated with his friends saying, "You have gone too far."  He apologised to the Wedding Party, stayed to help and phoned an ambulance.  He only left when told to do so by one of the Wedding group. 

During interview he admitted the assault for which he is to be sentenced today. 

Details of Mitigation:

Guilty plea, residual youth, good character and behaved responsible once he realised the injuries caused by his companions.

Previous Convictions:

None.

Conclusions:

Count 2:

70 hours' Community Service Order, or 2 months' imprisonment in default

Total:  70 hours' Community Service Order, or 2 months' imprisonment in default.

Sentence and Observations of Court:

Conclusions granted.

R. C. P. Pedley, Esq., Crown Advocate.

Advocate I. C. Jones for the Defendant.

JUDGMENT

THE commissioner:

1.        Montgomery, the Court accepts that you were not personally responsible for the hideous violence which took place in the Royal Square that morning but you were nevertheless the trigger for it.  You must understand that you are playing with fire if you react aggressively in the way in which you did and in that sense you do bear some responsibility for what happened.  On the other hand we accept that you behaved very properly when you realised what had taken place and that it can be said that you acted responsibly in calling the ambulance and remaining at the scene while the others had fled. 

2.        We think that the Crown Advocate's conclusions are correct and you are therefore sentenced to perform 70 hours of Community Service which we state is the equivalent of 2 months' imprisonment.

Authorities

Whelan on Aspects of Sentencing in the Superior Court of Jersey.

AG-v-Pereira [2009] JRC 060.