Jersey Unreported Judgments

Inferior Number Sentencing - grave and criminal assault.

[2016]JRC095

Royal Court

(Samedi)

13 May 2016

Before     :

T. J. Le Cocq, Esq., Deputy Bailiff, and Jurats Nicolle and Ramsden

The Attorney General

-v-

G

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

1 count of:

Grave and criminal assault (Count 1).

Age:  39.

Plea: Guilty.

Details of Offence:

The offence took place on a Saturday evening at home after the defendant had been drinking (approximately six cans of lager).  The defendant was at home with his wife and their 10 year old daughter.  He fell asleep on his daughter's bed and she tried to wake him up by nudging and prodding him.  She asked him to leave her bedroom.  When the defendant woke up an argument ensued.  The defendant threatened to slap his daughter.  

The defendant then got up from the bed and pushed his daughter onto the bed, quite forcefully, by pushing the back of her neck.  Whilst his daughter was face down on the bed the defendant slapped her bottom, no more than twice, causing reddening to her thigh which was visible two days later.  He then turned his daughter over and he placed his open palms on her chest with moderate force in an effort to restrain her.  His daughter began to wriggle and the defendant's hand moved up and he unintentionally grabbed her neck.  The daughter described almost losing her breath albeit she did not lose her breath.  She suffered bruising and abrasions to her neck.  

The daughter asked to go downstairs, where her mother was located, but the defendant refused.  He allowed her to use the en-suite bathroom and he followed her inside.  Whilst she was sitting on the toilet the defendant swung an open palm out which connected with his daughter's head.  The daughter cried and began to scream.  The defendant's wife went upstairs to find their daughter crying and shaking uncontrollably.  The wife also noticed that her daughter had red marks on her chest.  

That evening, once the defendant was asleep, his wife and daughter attended the police station and the defendant was arrested.  He was remanded in custody until he was sentenced. 

Details of Mitigation:

Guilty plea; genuine remorse; previous good character; suffering with depression; addressed his mental health and alcohol issues whilst in custody.  Served the equivalent of 7 months and 15 days' imprisonment.  Offered to move to the UK and live with his parents to serve any non-custodial sentence. 

Previous Convictions:

None. 

Conclusions:

Count 1:

12 months' imprisonment.

Exclusion Order sought excluding the defendant from 1^st, 2^nd, 4^th, 5^th and 7^th category licensed premises excluding the Multiplex Cinema, Jersey Airport and the ferry terminal at Elizabeth Harbour for a period of 12 months from the day of release from prison. 

Order sought that pursuant to Article 73 of the Children (Jersey) Law 2002 the child shall be the subject of a prohibition from publication of her identity during her lifetime.

Sentence and Observations of Court:

Count 1:

150 hours' Community Service Order, equivalent to 9 months' imprisonment, together with a 12 month Probation Order.

Probation Order to be served in the United Kingdom.  Direction added to the order that the defendant may not return to Jersey without the prior written consent of the Jersey Probation Service for a period of 1 year. 

No Exclusion Order made. 

Order made that pursuant to Article 73 of the Children (Jersey) Law 2002 the child shall be the subject of a prohibition from publication of her identity during her lifetime. 

Ms E. L. Hollywood, Crown Advocate.

Advocate L. J. Glynn for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        You are to be sentenced for one count of grave and criminal assault committed against your daughter, then aged 10.  We do not need to set out the detail of what you did, the Crown has done so, but in our view the reckless grabbing of her neck was a serious aspect of it.  This was domestic violence and was both alcohol-fuelled and involved a significant breach of trust.  We view these as aggravating features.  A child looks to her father for protection and is entitled to feel safe in her own home and in her room.  If she cannot rely on her father and the safety of her home, then who will protect her?

2.        We note the effect of your actions on your daughter.  We do not need to set them out but they do not surprise us given the circumstances of this assault.  We accept that at the time you had mental health issues and you may very well have been moderately depressed.  You describe yourself as self-medicating on alcohol but we cannot consider voluntary intoxication, which for you was a chronic activity, as mitigation, the opposite is true.  We nonetheless make considerable allowance for your mental state. 

3.        You have pleaded guilty.  We do not agree that this does not merit a full one third discount simply by reason of the time taken for a discussion about the basis of plea.  In our view it is a very important factor in mitigation in this case and we accept that it was motivated by a desire to spare your daughter the ordeal of a trial or a Newton Hearing. 

4.        We accept that you feel genuine remorse and that you have engaged positively with the help on offer to you in prison.  We have read carefully your letter, which is compelling, and which we take at face value and also the other letters sent on your behalf.  They speak well of you. 

5.        This is a serious offence but we note that you have served the equivalent of 7 months and 15 days in custody and that you had instructed your counsel to make no application for bail.  We also note that this offence has had a devastating effect upon you and upon your family.  We do not think that such an offence is likely to be repeated by you and accordingly in our view the best way forward is to give you the opportunity to build your life again. 

6.        Accordingly we impose a Community Service Order of 150 hours', the equivalent of 9 months' imprisonment, together with a Probation Order of 12 months duration.  You must obey all of the orders and directions of the Probation Service including relocation to the United Kingdom where arrangements have been made for you to carry out this sentence outside of Jersey.  In the light of the fact of the concerns expressed by your daughter going forward we direct further, as a condition of the Probation Order, that you may not return to Jersey without the prior written consent of the Jersey Probation Service and that lasts of course for the duration of the order. 

7.        We make no Exclusion Order. 

Authorities

Harrison-v-AG [2004] JLR 111.

AG-v-Q [2015] JRC 216.

AG-v-A [2013] JRC 129.