Jersey Unreported Judgments

Inferior Number Sentencing - grave and criminal assault - assault.

[2014]JRC041

Royal Court

(Samedi)

14 February 2014

Before     :

Sir Michael Birt, Kt., Bailiff, and Jurats Fisher and Nicolle.

The Attorney General

-v-

Shawn Le Lay

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

First Indictment

2 counts of:	Grave and criminal assault (Counts 1 and 2).
1 count of:	Assault (Count 3).

Second indictment

1 count of:

Assault (Count 1).

Age:  43.

Plea: Guilty.

Details of Offence:

First Indictment

Le Lay and a friend were going for a swim on the high tide and were warned by two men who were fishing that they had fish hooks in the water.  Le Lay at this point attacked one of the males by punching him repeatedly and Le Lay then grabbed a frying pan which one of the fishermen was cooking food on and threw it at the victim but he was able to avoid it.  Le Lay then threw the grill plate at the victim which left an abrasion and bruising to his left arm.  A 57 year old female was walking by and told the defendant to stop fighting and the defendant turned round and punched her once to the face knocking her to the ground.  She sustained a bruised lip and a graze to her elbow.  The other fisherman present remonstrated with the defendant for punching the lady and the defendant pushed him over causing grazes to his elbow and knee.  There was a victim personal statement from the female who described how she was shocked and scared by the incident and that she would not be returning to the area which she had visited for many years for fear of being confronted by the defendant again. 

Second Indictment

Whilst on remand and having been given his medication by a Health Care Assistant/Prison Officer the defendant tried to get out of his cell and when pushed back he attempted to grab the officer in a headlock and then punched him once to the left cheek causing swelling, a slight abrasion and a small cut inside his mouth. 

In interview on the First Indictment he recalled little of the incident and at one point claimed that he was the victim.  He claimed that once he got the "red mist" anything could happen.  In relation to the Second Indictment he admitted the assault and accepted responsibility for his actions. 

Details of Mitigation:

The Crown

Guilty pleas; not cooperative in interview on First Indictment but made admissions in interview in relation to the Second Indictment.  Not a young man and therefore did not have the benefit of youth.  Not of good character.  Poor record for violence and related public order offences.  Previous offences for assaults on police and prison officers.  He had shown no regret or remorse.  Assessed at being at high risks of reconviction and posing a very high risk of harm to the public through further violence.  Previously received non-custodial sentences but had limited success.  Was not considered suitable for further non-custodial options. 

The Defence

Guilty plea.  Letter to the Court expressing remorse.  Letter to the female victim apologising.  He had never hit a woman before.  He thought he was acting in self de fence until he realised that he had hit a female.  Only minor injuries sustained by all victims.  None of the assaults were premeditated.  Recent diagnosis of Autism/Asperger's.  Disorder did not excuse behaviour but he now understands why he behaves in the way he does.  Using time in custody positively to seek help from psychologists/psychiatrists.  In other circumstances he is described as trustworthy, kind and non-threatening and he has given his time generously to various charities. 

Previous Convictions:

11 convictions for a total of 29 offences including indecent exposure x 2, making hoax phone calls x 5, assault on police officers x 3, assault on prison officers x 1, assaults, possession of offensive weapon x 2, contempt of Court, attempting to escape from lawful custody and motoring offences. 

Conclusions:

First Indictment

Count 1:	18 months' imprisonment.
Count 2:	6 months' imprisonment, concurrent.
Count 3:	6 months' imprisonment, concurrent.

Second Indictment

Count 1:

6 months' imprisonment, consecutive to the First Indictment.

Total: 2 years' imprisonment. 

Sentence and Observations of Court:

Le Lay committed an unprovoked assault on two men who were just fishing and a female who asked him to stop assaulting the first male.  The assaults involved punches and throwing of items.  The assault on the female was particularly unpleasant.  The Court noted his regret in the letter to his victim.  He had also punched a prison officer in the face.  The Court noted that he had previously committed assaults on police officers or those in public office on a number of occasions.  It may have been contributed to by his Asperger's recently diagnosed.  He had problems with aggression since the death of his mother.  The Court had listened carefully to everything that had been said on his behalf and noted guilty pleas, references, recent reports, diagnosis etc.  The assaults had to be punished by prison.  The Court expressed the hope that Le Lay would take advantage of the services on offer in prison. 

Conclusions granted.

J. C. Gollop, Esq., Crown Advocate.

Advocate A. T. H. English for the Defendant.

JUDGMENT

THE BAILIFF:

1.        You committed unprovoked assaults on two men, who were just fishing down at Grouville Beach, and on a woman, who simply asked you to stop your assault on the first man.  The assaults consisted of punches and, in the case of the first man, throwing some items at him.  The assault on the woman was particularly unpleasant but we do note that you have expressed your regret for that assault in particular.  You are also before us for an assault on a prison officer when you were remanded in custody which involved punching him once in the face. 

2.        Unfortunately, in recent years you have been before the Court on a number of occasions for assaults either on the police or on members of the public.  But it does seem clear from everything that we have read that this may have been contributed to by your condition of Asperger's which has only recently been diagnosed and your problems were also, I am sure, aggravated by the very unfortunate death of your mother. 

3.        Advocate English has spoken on your behalf and he has said everything that could possibly be said.  He has emphasised that you pleaded guilty to these offences immediately; he has referred us to the recent reports and the diagnosis of your condition; he has highlighted the contents of those reports and of your letter, both to us and your letter of apology to the woman whom you assaulted. 

4.        The difficulty is that assaults of this nature really have to be punished by a prison sentence.  We hope very much that whilst you are in prison you will continue to take advantage of the services offered.  You mentioned in your letter that you are meeting with the psychological and psychiatric services and hopefully they will help you in relation to the condition which has now been diagnosed.  But having carefully considered everything that Advocate English has said so well on your behalf, we nevertheless think that the conclusions are correct and we cannot properly reduce them.

5.        On Count 1; 18 months' imprisonment, on Count 2; 6 months' imprisonment, on Count 3: 6 months' imprisonment, all of those concurrent.  On the Second Indictment it is 6 months' imprisonment.  That has to be consecutive; prison officers and police officers are entitled to our protection and there must be an additional punishment if people assault them.  So that makes 2 years' imprisonment in all. 

Authorities

AG-v-Letchford 2000/173A.

Harrison-v-AG [2004] JLR 111.