Jersey Unreported Judgments

[2010]JRC028

ROYAL COURT

(Samedi Division)

11^th February 2010

Before     :

Sir Philip Bailhache, Kt., Commissioner and Jurats Le Breton, Clapham, Le Cornu, Kerley and Marett-Crosby.

The Attorney General

-v-

Simon Livingstone

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 13^th November, 2009, following a guilty plea to the following charge:

1 count of:

Grave and criminal assault (Count 1).

Age:  33.

Plea: Guilty.

Details of Offence:

The victim of the assault was Livingstone's flatmate and also his girlfriend's brother.  The relationship between the defendant and the victim had become strained and tensions in the house were running high.  On the day of the attack the victim went for lunch and then to the Don Inn with his girlfriend and his sister.    The defendant also went to the Don Inn and asked the victim to go outside for a talk.  An argument ensued and the defendant left the area.  Both the victim and the defendant were intoxicated. 

Later the victim and his girlfriend were walking home along Belvedere Hill.  The defendant was walking along the road in the opposite direction and saw the victim.  A scuffle ensued and during the fight the victim punched the defendant, who then stabbed him four times to the abdomen using a knife with a two inch blade.  The A & E consultant stated that the wounds were inflicted with "some considerable force".  No internal organs were damaged, but one stab wound was near the left kidney and another near the spleen.  The blood loss was such that blood ran down the hill. 

The defendant left the scene and was seen by the landlord of the Don Inn pacing up and down the street.  The defendant told the landlord "I've just seen him, I've jabbed him".  The defendant was arrested at his home address and, shortly after caution, asked how the victim was.  Whilst in the custody suite he claimed that he had acted in self defence and said that he had disposed of the knife. 

The victim was taken to the General Hospital in an ambulance and was treated by the crash team.  He required emergency resuscitation and underwent immediate surgery to close the wounds.  He has since made a full recovery save for residual scarring. 

In interview the defendant was co-operative when answering general questions, but answered "no comment" to questions relating to the attack. 

Details of Mitigation:

The defendant's girlfriend was standing by him despite the fact that the victim is her brother.  He has a young daughter in Scotland who he visited regularly and his girlfriend has a young son. 

Only two of the blows inflicted significant injury.  The knife was carried on his key ring for work purposes and not as a weapon. 

The "no comment" interview was given following legal advice.  He had been on remand for six months and had shown genuine remorse from the outset.  Agreed a custodial sentence was inevitable, but argued it could be shorter. 

Previous Convictions:

Two minor convictions only - treated as a first offender.

Conclusions:

Count 1:

Starting point 8 years.  4½ years' imprisonment.

Sentence and Observations of Court:

This was a serious grave and criminal assault.  Street violence is completely unacceptable and knife crime will be severely punished. 

Count 1:

4 years' imprisonment.

C. M. M. Yates, Esq., Crown Advocate.

Advocate C. R. Baglin for the Defendant.

JUDGMENT

THE commissioner:

1.        The defendant is to be sentenced for a serious grave and criminal assault involving the use of a small knife which was used to stab the victim on four occasions in the upper part of his body.  Medical evidence indicates that the blows were delivered with considerable force and the victim required emergency resuscitation and surgery to close the wounds; fortunately no internal organs were damaged.  There was bad blood between the defendant and the victim and there was some provocation on this occasion, in that the accused had been punched prior to the scuffle breaking out.  Both the defendant and the victim appear to have been grossly intoxicated. 

2.        We are prepared to accept that the knife was used without pre-meditation but the blows were aimed and delivered with some force.  The defendant had been carrying the penknife for use in connection with his work; he has no previous convictions for offences of violence. 

3.        In mitigation, we take into account that the defendant has pleaded guilty to the Indictment; he has expressed remorse for his actions; he is to be treated as a first offender and this offence seems to have been out of character.  The Court has, on many occasions however, said that drunken street violence in St Helier is completely unacceptable and that knife crime in particular will be severely punished.  There is no question, as defence counsel has realistically accepted, but that a long custodial sentence should be imposed. 

4.        Livingstone, we have read your letter and the other letters that have been placed before us and we understand the difficult family situation.  We are glad to see that you are endeavouring to support your child and are giving some support to your girlfriend's child as well.  There is much to be said in your favour and we hope that you will never again appear before a court in these circumstances.  You must understand, however, that if you get yourself drunk and commit an offence of this kind which could all too easily have led to the death of the victim, the Court has no option but to punish you.

5.        The sentence is that you will go to prison for 4 years. 

Authorities

Harrison-v-AG [2004] JLR 111.