Jersey Unreported Judgments

Inferior Number Sentencing - grave and criminal assault - having an offensive weapon in a public place.

[2014]JRC059

Royal Court

(Samedi)

4 March 2014

Before     :

J. A. Clyde-Smith, Esq., Commissioner, and Jurats Clapham and Nicolle.

The Attorney General

-v-

Dennis James Roche

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

First Indictment

1 count of:

Grave and criminal assault (Count 2).

First Indictment

1 count of:

Having an offensive weapon in a public place, contrary to Article 43 of the Firearms (Jersey) Law 2002 (Count 1).

Age:  72.

Plea: Guilty.

Details of Offence:

The Defendant and his victim had been in a relationship since 1997.  Relationship initially good and they had lived together in the victim's home.  More recently it had deteriorated due to Defendant's excessive drinking.  He now lived in a separate flat although they still saw each other on a regular basis.  The Defendant was upset and jealous when the victim went on holiday on her own.  She received abusive phone calls when she was away and also upon her return.  On 19 July 2013 she returned home and was concerned that the Defendant had entered her house in her absence and without her permission.  She found the Defendant hiding between two wardrobes in the spare room.  She formed the impression that he was drunk.  He demanded to be told the truth about her holiday.  She left the spare room and he followed her and took out a wooden-handled flick knife.  She was shocked, as he had never been violent to her before.  He grabbed her and took her back into the spare room and demanded that she tell him what had happened on holiday.  The knife was pointing towards her rib cage.  He never touched her.  He stated "The knife is for you because you're gonna die tonight."  She pulled her arm away and left the bedroom and went to call the Police and waited outside for them to arrive.  The Defendant left the property and was arrested nearby.  He handed over the flick-knife when confronted.  In interview he admitted he had been jealous of her.  He admitted having drunk 4-5 pints of lager that day.  He denied threatening her with a knife and he lied about the knife. 

The Crown expressed concern where a female victim of domestic abuse seeks mercy for her abuser and seeks reconciliation with him.  The Crown however considered this to be a one off offence resulting from extreme jealousy and fuelled by alcohol.

Details of Mitigation:

 

The Crown

Guilty pleas.  Defendant "deranged" by jealousy and drink.  Did not hurt her. She was easily able to get away from him.  Whilst reconciled she was still concerned that he was in denial about his drinking and what had happened.  She was no longer threatened and fearful of him.

 

The Defence

The Defence supported the Crown's Conclusions for Community Service Order.  First incident of violence in a relationship lasting 16 years.  Aged 72 and had spent the equivalent of 4½ months on remand.  Co-operative with Police.  Had suffered financially because on remand had accrued rental arrears.  He drunk 3 pints a day but was settled in his habits and at his age saw no reason to change.  Did not consider alcohol to be a problem.  Low risk of offending.

Previous Convictions:

None

Conclusions:

First Indictment

Count 2:

180 hours' community service order, or 12 months' imprisonment in default.

Second Indictment

Count 1:

180 hours' community service order, or 12 months' imprisonment in default concurrent.

Total: 180 hours' community service order.

Forfeiture and destruction of the knife sought.

Sentence and Observations of Court:

Conclusions granted.

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

Advocate J. M. Grace for the Defendant.

JUDGMENT

THE commissioner:

1.        The defendant stands to be sentenced for one count of grave and criminal assault and one count of possessing an offensive weapon.  He and the victim had been in a relationship since 1997 but at the time of the offences were living apart although they were still seeing each other on a regular basis.  The assault was clearly caused by the defendant's intense jealousy of the victim for her having taken a holiday without him.  Returning home from work the victim found the defendant in her spare bedroom hiding between two wardrobes.  She felt he had been drinking.  He followed her into her bedroom and took out a knife with a 5 inch blade.  He grabbed the victim, taking her back to the spare room, and demanded to know what had happened on this holiday, pointing the knife towards her ribcage.  She asked if he had used the knife to get into the house and he said "no the knife is for you because you're going to die tonight."  She was, however, able to get free without any difficulty and went downstairs to call the police and then hid in the neighbour's garden. 

2.        The defendant is 72 and has been in custody for the equivalent of 4½ months with remission before he was granted bail in October of last year.  The victim has made a further statement in December 2013 in which she said that she missed the defendant, that he was her only friend and that she wanted to spend the remaining time they had together with him.  She asked for the bail conditions to be relaxed so that they could be together over the new year having been separated over Christmas.  She said that although her previous account of the incident was true she did not want the defendant to go back to prison and that she did not believe that he would ever have physically hurt her. 

3.        The Crown say there is always concern when female victims of domestic abuse seek mercy for their abusers and seek reconciliation with them, but in this case, given the age of the participants and their long history of a non-violent relationship the Crown feel there is cause for optimism that the incident may indeed have been a one-off resulting from extreme jealousy and fuelled by alcohol.  It is to be hoped, say the Crown, that the defendant, who was imprisoned at 72 for 3 months and banned from seeing the victim for considerably longer as a result of this incident, now appreciates how serious his acts were and what the consequences would be for him and his relationship if he were to do anything like that again.

4.        The aggravating features of the case, as the Crown say, are that it took place in the victim's home and involved a knife with a threat to her life.  On the other hand he was, using her words, "deranged by jealousy and drink" and he did not in fact hurt her.  She was able to get away without any difficulty and he has, of course, pleaded guilty. 

5.        In the circumstances the Crown feel about to avoid a custodial sentence moving for a sentence of community service of 180 hours to mark the seriousness of the offence.  Miss Grace for the defendant supports the conclusions of the Crown.  It is clear from the background report and from what Miss Grace has told us that the defendant is able to undertake community service and that suitable work will be and can be found for him.  Accordingly we too agree with the conclusions of the Crown that this case can be dealt with by the imposition of community service and we would like to commend the defendant for undertaking the ADAPT course which he is doing on a voluntary basis.

6.        On the First Indictment, Count 2, you are sentenced to 180 hours' community service, with a default sentence of 12 months' imprisonment.  On the Second Indictment you are sentenced to 180 hours' community service, or 12 months' imprisonment in default.  Those sentences are to be served concurrently making a total of 180 hours' community service, or 12 months in default.

7.        We order the forfeiture and destruction of the knife.

No Authorities