Jersey Unreported Judgments

Inferior Number Sentencing - domestic abuse

[2024]JRC059

Royal Court

(Samedi)

8 March 2024

Before     :

A. R. Binnington, Esq., Commissioner, and Jurats Averty and Cornish

The Attorney General

-v-

Grant Barry Felix Hepburn

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

1 count of:

Domestic Abuse, contrary to Article 3(1) of the Domestic Abuse (Jersey) Law 2022 (Count 1).

Age:  32. 

Plea: Guilty. 

Details of Offence:

Over a four-week period, the Defendant subjected the Victim to persistent abusive and controlling behaviour, leaving her scared in her own home.  The Victim was the Defendant's ex-partner.

 

On one occasion, the Defendant accused the Victim of hacking into his devices.  Later that night, at around 2am, the Defendant arrived at the Victim's house unannounced.  He shouted up at her window, calling her name.  The Defendant had his hood up and a balaclava on.  The Victim told him to leave, but he pointed his finger at her and shouted "you're fucking done".

 

On another occasion, the Defendant attended at the Victim's home and went upstairs, under the pretence that he was using the toilet, to read the Victim's diary.

 

The Defendant accused the Victim of creating a separate Instagram account.  At approximately 10pm that same day, the Defendant arrived at the Victim's house again unannounced, shouting her name from outside.  The Victim phoned her friend, who could hear the Defendant being loud and abusive.  The Victim told her friend that she felt "really scared in my own home".  The Defendant paced back and forth, before charging towards the house.  A neighbour heard the Defendant shouting and swearing.  The Defendant asked the neighbour whether any men had gone into the Victim's house.  Shortly after, the Defendant's mother called the Victim.  The Defendant could be heard accusing the Victim of having an affair in the background.

 

One day the Victim arrived home to find her house a mess.  The Defendant appeared from the lounge.  The Victim asked why he was there and he said he was just "getting stuff".  As the Defendant left, he rummaged through the Victim's car outside her house.  He had a piece of paper in his hand and said that he "found his evidence".  The Defendant vented about the relationship and questioned how the Victim could do what she was doing after many years of being together.  The Defendant left for a short period, but then returned and rummaged through her car again.  Later that evening, the Defendant's brother informed the Victim that the Defendant had given her work phone to a family member and that he would return it to her the following day.  The Victim also suspected the Defendant had accessed her work laptop.

Details of Mitigation:

Guilty plea, however, this was not entered at the earliest opportunity, contents of PSR and other personal mitigation.

Previous Convictions:

Previous convictions for violence, public order, motoring and drug related offences.  This included convictions for affray, sending a message that was grossly offensive or of an indecent, obscene or menacing character, causing a breach of the peace by fighting and larceny.

Conclusions:

Count 1:

2 years' imprisonment

Domestic Abuse Protection Order under the Domestic Abuse (Jersey) Law 2022 sought for a period of 5 years in the following terms:

1.      That the Defendant shall complete the Jersey Domestic Abuse Programme ("JDAP") either during this sentence or within 18 months of being released from custody.

2.      That the Defendant shall engage with the Alcohol and Drug Services either during this sentence or within 18 months of being released from custody.

3.      That the Defendant shall engage with the Relapse Prevention Programme either during the term of imprisonment or within 18 months of being released from custody.

Notification requirements under the Domestic Abuse (Jersey) Law 2022 sought for a period 5 years.

Sentence and Observations of Court:

Count 1:

110 hours Community Service Order (equivalent of 5 months' imprisonment).

18 month Probation Order with Treatment Order, JDAP and emotional coping skills programme.

Notification requirements under the Domestic Abuse (Jersey) Law 2022 imposed for a period of 5 years.

Ms C. L. G. Carvalho, Crown Advocate.

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

JUDGMENT

THE COMMISSIONER:

1.        Over a four-week period, in the autumn of 2023, the Defendant subjected the Victim to persistent, abusive and controlling behaviour leaving her scared in her own home.  The Defendant's obsession with the prospect of the Victim seeing another man resulted in him turning up at the Victim's home unannounced, shouting at her from outside her home and entering the address whilst she was not there to rifle through her possessions.  He took her work phone, read her diary and accessed her work laptop without her permission. 

2.        I should at this point remind members of the press that the Victim is not to be identified in any reports.

3.        His behaviour consumed her life and, since his remand in prison, she has described how life has been quiet and calm.  People are entitled to regard their home as a place of safety and, Hepburn, you violated the Victim's entitlement to a safe place, not only for her but also for other members of her family.

4.        We have decided that we can deal with this matter by way of a non-custodial penalty, but we regard it as necessary to include an element of punishment in addition to the period that the Defendant has already spent on remand in custody and therefore, we are going to include an element of community service.  Had the Court been passing a custodial sentence, we would have been looking at a sentence of imprisonment in the region of some 12 months.  However, taking into account the time that the Defendant has spent in custody, we consider that a Community Service Order of 110 hours, the equivalent to 5 months imprisonment, would be an appropriate sanction.

5.        We are going to make a Probation Order of 18 months with a Community Service Order of 110 hours, coupled with a Treatment Order.  The Treatment Order will require the Defendant to attend all appointments with Probation and Alcohol and Drug Service, to undergo random drug testing and, should the Alcohol & Drug Service prescribe medication, then the Defendant is to take the medication as prescribed.  As part of the Probation Order, we are ordering that Mr Hepburn participate in the Jersey Domestic Abuse Programme, the Emotional Coping Skills programme, the Relapse Prevention Programme, and we order that the Defendant will be subject to the notification requirements of the Domestic Abuse (Jersey) Law 2022 until 8 March 2029, a period of 5 years.

6.        We have been assisted by the Probation Service and we have been impressed with the efforts that they have gone to to assist the Defendant.  We have also noted that the Victim in this case has been reconciled with the Defendant and has been very supportive of him and it is perhaps that unusual feature that has led us to deal with this matter in the way that we have.

7.        We also recognise that the Defendant had made efforts to deal with his mental health issues shortly before the offence was committed and, as the Probation Service report notes, he has engaged and does seem willing to address the issues that led to the commission of the offence.

8.        The drug taking cannot ever be an excuse for the Defendant's behaviour, but it does provide some explanation and we are pleased to note that this is recognised by the Defendant and that he is making efforts to address the issues that he has.  He is perhaps fortunate that the Probation Service and other services have made themselves available to provide the necessary programmes and we very much hope that the Defendant will avail himself of that assistance with a view to continuing a more normal relationship with the Victim and her family.

9.        We are therefore placing you on probation for a period of 18 months, with a requirement to carry out 110 hours of Community Service and we are coupling that with a Treatment Order in the terms that I have described and the other conditions again that I have set out. 

10.     It is very much up to you what you now do with your life.  We have been heartened to hear that you are willing to address the problems that you have.  You are fortunate that you have a supportive partner, and I think that has made a significant difference but you should be under no illusions that, should we find you back in this Court for similar behaviour, you will certainly be dealt with severely.

Authorities

Domestic Abuse (Jersey) Law 2022 

AG v Goncalves [2022] JRC 097. 

Coehlo v AG [2020] JRC 216. 

AG v De Freitas and Hepburn [2015] JRC 191A. 

R v Khellaf [2016] EWCA Crim 1297. 

R v Herrington [2017] EWCA Crim 889.