Jersey Unreported Judgments

Inferior Number Sentencing - Grave and criminal assault

[2019]JRC251

Royal Court

(Samedi)

20 December 2019

Before     :

T. J. Le Cocq Esq., Bailiff, and Jurats Crill and Hughes

The Attorney General

-v-

N

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:

On Sunday 1^st September 2019, the N family were all at the family home.  His wife ("the complainant") was lying on the sofa downstairs.  The defendant had been drinking.  The complainant saw the defendant come down the stairs and pretended to be asleep.

She opened her eyes and saw the defendant standing over her, approximately two feet away.  He was enraged in the mistaken belief that the complainant was having sexual encounters with other men in their house.

She shouted at him: "What the hell are you doing?  Get away from me with that knife." The defendant accepted in interview that he kept the knife by his bed upstairs, and had done for some time.  The defendant admits shouting at the complainant and using abusive language, and accepts that as a result she may have been put in fear.

The defendant then walked away from her and went back upstairs.  The complainant heard the defendant speaking to one of their sons (who was aged 16) on the stairs and the defendant implied to him that she was having an affair.  Their other son (who was aged 18) took the knife from him at some point.

The defendant later came back downstairs while the complainant was on the phone to the Police, having told them that he was drunk and had come downstairs with a knife.  She was clearly in some distress at this point, and was advised by the Police to vacate the premises with her sons.  She did so.  

Details of Mitigation:

Early guilty plea, remorse and mental health issues.

Previous Convictions:

8 previous convictions for 21 offences, including offences of common assault, causing a breach of the peace and being drunk and disorderly.

Conclusions:

Count 1:

2 year Probation Order together with a treatment component (for the same duration), stipulating that the defendant engage with any programmes or interventions deemed appropriate by both the Adult Mental Health Service and the Alcohol and Drug Service for the benefit of his on-going treatment and care

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 2 years from date of sentencing.

Forfeiture and destruction of the knife sought.

Sentence and Observations of Court:

Conclusions granted.

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

Advocate J. W. R. Bell for the Defendant.

JUDGMENT

THE BAILIFF:

1.        You are to be sentenced for one count of grave and criminal assault that took place on 1^st September.  The assault and the circumstances are to the Court's mind unusual and they have been fully referred to by the Crown.  We accept, as did the Crown, that the assault came about because you were enraged at the entirely mistaken thought that the complainant in this case was having sexual relations with other men in your house.  Whilst it is true that a knife was involved in this incident it remained in its sheath throughout and was not used to cause injury.  There was no blow, there were no injuries and we agree with the Crown's characterisation of the incident against the factors set out in Harrison v AG [2004] JLR 111.

2.        The principles referred to by the Crown concerning the Court's approach to domestic violence are correct as is the aggravating effect of alcohol and, we have in the reports been assessed as presenting a high risk of general reconviction.

3.        We accept however that there are factors in this case which enable the Court to take a different approach than it might otherwise have done.  We acknowledge firstly the difficulties with your mental health that you face and, we bear in mind that treatment is available to you.  We think that all of the circumstances revealed in the documents amount to exceptional circumstances which enable us to take, as I have said, a view that we might otherwise not have felt able to take.  We have read the letters both your own letter, which we take as genuine, and the letters from the members of your family that have been put before us and it is clear that you continue to have the support and love of your family and you are in that extent very blessed indeed.  The letters we found to be eloquent and persuasive. 

4.        We note the care package that is available and has been put in place for you.  And we also note that you have voluntarily started treatment and engagement with the appropriate bodies to help you whilst you have been on remand. 

5.        We see that there is real cause here for some optimism and to that end we are going to grant the conclusions of the Crown; you should take this as a rare opportunity, possibly the last opportunity, to get your life in order, to secure the treatment that you need, and to live, as we have no doubt you are able, as a valuable member of society and a committed family man.

6.        Accordingly, we sentence you as the Crown has indicated to a period of 2 years' probation together with a treatment component, also lasting for 2 years and we stipulate that you must engage with any programs or interventions deemed appropriate by both the Adult Mental Health Service and the Alcohol and Drugs Service for the benefit of your ongoing treatment. 

7.        We note and make plain in these few remarks the observations of Dr Englebrecht that not only should you comply with directions but that will include that you remain abstinent from alcohol, that you attend appointments with the Alcohol Pathway Team, you agree to be breathalysed for alcohol when required and you comply with the medication regime to support you in remaining abstinent from alcohol if such is recommended following the appropriate assessment. 

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

9.        We make an Exclusion Order, which you have not opposed through counsel, that you are excluded from licensed premises of the 1^st, 2^nd, 4^th, 5^th and 7^th category for the same duration as the Probation Order, namely 2 years, with the exception of, as is normal, the Multiplex Cinema, Jersey Airport and the Ferry Terminal at Elizabeth Harbour. 

10.      We strongly urge, given that you will be released into Probation at a time of year that is normally associated with celebration and the drinking of alcohol more so than others that no alcohol is kept at your home or premises when you go back.  You should ensure, and we urge others to ensure on your behalf, that you do not have presented to you temptation to indulge in alcohol in any way at all.  Do you understand?

11.      That is the order of the Court.

Authorities

Harrison v AG [2004] JLR 111.  

AG v Michel [2019] JRC 179A

AG v Michel [2019] JRC 205

AG v Henderson-Bell [2019] JRC 187

AG v Crabtree [2017] JRC143

AG v Duffy [2017] JRC131

AG v Horn [2010] JRC 104

AG v McDougall [2010] JRC 072