Jersey Unreported Judgments

Inferior Number Sentencing - grave and criminal assault.

[2016]JRC107

Royal Court

(Samedi)

17 June 2016

Before     :

T. J. Le Cocq, Esq., Deputy Bailiff, and Jurats Liston and Ronge

The Attorney General

-v-

James John Dean Cameron

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:  28.

Plea: Guilty.

Details of Offence:

The defendant and the victim were unknown to each other at the time of the assault.  The defendant had consumed a significant amount of alcohol before going to Tanguy's and was heavily intoxicated at the time of the assault.  CCTV footage from within the premises showed the defendant and the victim on the dance floor area at approximately 11:20pm.  The footage showed the defendant approach the victim and lean in towards the side of his face.  According to the defendant, he thought the victim said something to him and he leaned in towards the victim to shout something in his ear.  He accepted that his mouth may have brushed against the victim's face.  The victim felt as if he had been licked.  He tapped the defendant on the cheek, assuming that it was one of his friends.  On being touched in this manner by the victim, the defendant immediately punched the victim with his right hand.  It was a hard punch which made contact with the victim's nose.  The defendant was holding a glass in his right hand which smashed when the punch was landed.  It was accepted by the Crown that, although the punch was intentional, the use of the glass as a weapon was not.  The victim suffered two lacerations across the top of his nose measuring approximately 5mm and 12mm in length.  He also suffered a fracture and deviation of the nasal bones, and a scar on the bridge of the nose which was expected to fade with time. 

Details of Mitigation:

Guilty plea, did not intend to use the glass as a weapon, employment. 

Previous Convictions:

Thirteen offences, including a grave and criminal assault and a common assault in 2008 which also occurred within licensed premises. 

Conclusions:

Count 1:

2 years' 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 date of his release from prison. 

Should a non-custodial sentence be imposed the Crown applies for a contribution towards the prosecution costs in the sum of £1,000.

Sentence and Observations of Court:

Count 1:

15 months' imprisonment.

Exclusion Order made 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 date of his release from prison. 

No order as to costs made.

M. R. Maletroit, Esq., Crown Advocate.

Advocate J. C. Turnbull for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        You are to be sentenced for one count of grave and criminal assault during which, having consumed a very considerable amount of alcohol, you delivered a forceful punch to your victim's face whilst you were holding a glass, which smashed on impact.  Your victim suffered lacerations of approximately 5 mm and 12mm across the nose and a deviation of the nasal bones and we have read of the effect that your assault has had on him. 

2.        The policy of the Court is clear and it bears repetition.  In the case of AG-v-Cummins [2006] JRC 070 the Court said:-

"2       This Court has repeatedly said and we repeat again today that those who commit violence in public places in St Helier, particularly if they use weapons, will face substantial sentences.  There is too much violence in Jersey, often fuelled by drink and the Court is determined to try and send a message that such matters will not be accepted."

3.        A glassing, whether intentional or unintentional, is of course particularly dangerous as the person who holds the glass has no control over the injuries that the victim suffers and they could in this case have been very much more severe than they were.  We repeat the words of the Court in AG-v-Viveiros [2014] JRC 162A in which the Court said:-

"6       We want to emphasise that the mere fact that a person forgets he is holding a glass when he tries to punch someone is not sufficient to lead to a non-custodial sentence whether or not it is technically called a glassing.  On the contrary, such an assault will inevitably lead to a prison sentence if it is unprovoked and may often do so even where there is provocation.  It all depends on the level of provocation and the other mitigation available.  But a defendant must take the consequences of his actions whether or not they were intended."

4.        We do not consider such provocation as may have been offered in this case as in any sense significant or material or justifying or explaining the actions that you took.  Your record is not a good one and includes offences of violence and you are assessed as posing a medium risk of reoffending. 

5.        We note the mitigation that is available to you, your guilty plea and your remorse and we accept that that remorse is genuine and we have read carefully the letters that you have sent, both to us and to the victim, and the references provided.  We have also weighed in the balance the contents of the social enquiry report and we note and accept the efforts that you have made.  However, in our view those things taken in the round do not remove from us the obligation to follow the policy of the Court that we have set out.  What it does enable us to do however, is to take a rather different view of the Crown as to the appropriate level of sentence. 

6.        In respect of the grave and criminal assault you are sentenced to 15 months' imprisonment. 

7.        We also make the Exclusion Order in the terms moved for by the Crown. 

8.        There is no costs order. 

Authorities

AG-v-Cummins [2006] JRC 070.

AG-v-Viveiros [2014] JRC 162A.

AG v Cameron [2013] JRC 120.

Harrison v AG [2004] JLR 111.

AG v Abreu [2014] JRC 077.

AG v Furzer [2013] JRC 103.

Licensed Premises (Exclusion of Certain Persons) (Jersey) Law 1998.