Jersey Unreported Judgments

Inferior Number Sentencing - grave and criminal assault - drugs - production - Class B - contempt of Court.

[2012]JRC108

Royal Court

(Samedi)

25 May 2012

Before     :

W. J. Bailhache, Q.C., Deputy Bailiff, and Jurats Le Cornu and Milner.

The Attorney General

-v-

David John Stirton

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:	Production of a controlled drug, contrary to Article 5(a) of the Misuse of Drugs (Jersey) Law 1978 (Count 2).
1 count of:	Contempt of Court (Count 3).

Age:  27.

Plea: Guilty.

Details of Offence:

The defendant was a member of the Mayfair Hotel gymnasium and used to park his car for extended periods in the hotel car park contrary to the membership rules: he had been asked on numerous occasions not to do so and had been abusive.  The defendant then started to park at the Metropole Hotel (part of the same group). 

On Friday 12^th August, 2011, the defendant's car was seen parked in the Metropole Hotel car park, staff were aware that it had been there for the past four days and therefore a notice was placed on the vehicle advising the owner that the car was on private property and liable to be wheel clamped. 

The following day the head porter Mr Abreu ("the victim") attended for work at around 7:30am.  The victim saw that the defendant's car had not moved from the car park.  In accordance with company policy, the victim parked his own car in such a way that it prevented the defendant from removing his car in order to force him to come to reception. 

At around 8:30am the defendant attended at reception complaining about his car being blocked in.  The victim overheard the conversation and went to deal with the matter.  Before moving his car the victim informed the defendant that he could not park in the hotel car park.  After moving his car, and before going back into the hotel, the defendant asked the victim if he owned the car that he had just moved, the victim replied in the affirmative and began to walk back into the building.  The defendant then attacked the victim from behind punching him once in the face with considerable force and knocking him to the ground (Count 1).  The victim sustained a broken nose from the punch and fractured his left femur when he fell to the floor.  During interview the defendant lied to the police and showed no remorse. 

Whilst the defendant had been in custody a search of his premises had located a single 15 cm tall cannabis plant that the defendant subsequently admitted cultivating (Count 2). 

Following being charged, and prior to the case being committed to the Royal Court, the defendant was admitted to bail and permitted to travel to Scotland between 18^th and 25^th October, 2011, to visit his family.  The defendant sold his car before leaving the Island and subsequently failed to return in accordance with his bail conditions and his arrest was ordered (Count 3).  The police contacted the defendant in Scotland and he informed them that he would not be returning to Jersey.  In March 2012 the defendant was brought back to the Island on a warrant and remanded into custody. 

Details of Mitigation:

Guilty plea.

Previous Convictions:

The defendant had 22 previous convictions for inter alia violence, possession of drugs, public order, attempting to pervert the course of justice and failing to comply with bail conditions.  His only conviction in Jersey was for a motoring offence for which he was fined. 

Conclusions:

Count 1:	21 months' imprisonment.
Count 2:	1 month's imprisonment, consecutive.
Count 3:	4 months' imprisonment, consecutive.

Total: 26 months' imprisonment.

Forfeiture and destruction of the drugs sought.

Sentence and Observations of Court:

The assault had been entirely without provocation.  The blow broke the victim's nose and caused him to fall breaking his hip, it also broke his dentures.  The consequences on the victim had been very serious indeed and he had done nothing to deserve them.  The defendant had shown no remorse. 

Conclusions granted.

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

Advocate J. M. Grace for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        You are here to be sentenced on an Indictment which contains three counts and the most serious of those is the grave and criminal assault, arising out of nothing except your own wish to park your car somewhere where you should not, you then, without provocation, struck a 62 year old man, one blow only but a blow that had the result of breaking his nose and causing him to fall over and damage his hip.  He also had damage to his denture.  The consequences of that one punch were very serious indeed for him.  Just looking at his victim personal statement the Court has noted that he says:-

"Physically I still cannot carry out tasks as I used to, I still haven't got strength to do the duties I am responsible for.  When I sit down on the sofa for long periods and then stand up I cannot walk properly and I have pain.  I still struggle to walk for more than half an hour but when I do walk my hip gets jammed so I avoid to do that."

He had done nothing to deserve that result.

2.        We have looked closely at all the circumstances and we have no doubt that you are sorry for the position you are in at the moment but it is not obvious that you really show real remorse in the sense of remorse for what you did, but rather for the results to you of what you did.  The Court considers that is a great pity that you have got yourself into that position because we have taken into account your earlier record and noted that there has been nothing for the last 4 or 5 years, so this is a backwards step. 

3.        We are going to grant the conclusions of the Crown, so you will be serving a lengthy prison sentence, and when you are serving it there are two things.  First of all, to the extent that the facilities are available in Jersey, we trust that you will continue to use them.  The prison is a constructive place where you can learn, and hopefully when you go back to Scotland, if you are transferred there, there will be similar facilities available for you there.  The second important thing is that you actually spend that time reflecting on what has caused this result.  It has been caused by your loss of temper and by the fact that having lost it you delivered a blow, so seriously, that it has caused these injuries. 

4.        Insofar as the charge of grave and criminal assault is concerned we have therefore had regard to all the factors listed by the Court of Appeal in Harrison-v-AG [2004] JLR 111.  We think the Crown's conclusions are correct, both on that Count and on the second Count of growing the cannabis plant.  As to the third Count we cannot see any difference between this case and the case of AG-v-Donachie [2012] JRC 019 and therefore we think the Crown's conclusions on that Count are also correct. 

5.        You are sentenced to 21 months' imprisonment on Count 1, 1 month's imprisonment on Count 2, and 4 months' imprisonment on Count 3.  We have had regard to the question of totality as to whether that is too much.  In the round we do not think it is and therefore in accordance with principle the sentence on each count will run consecutively, making a total of 26 months' imprisonment. 

6.        We order the forfeiture and destruction of the cannabis plant. 

Authorities

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

Harrison-v-AG [2004] JLR 111.

AG-v-O'Brien unrep 20^th November 1995.

AG-v-Donachie [2012] JRC 019.

AG-v-Burke [2008] JRC 143.