Jersey Unreported Judgments

ROYAL COURT

(Samedi Division)

27 November 1998

Before: FC Hamon, Esq., Deputy Bailiff, and

Jurats Le Ruez, Rumfitt

AG

-v-

Jonathan Carl Goguelin

1 Count of: grave and criminal assault:

Age: 33

Plea: Guilty

Details of Offence:

After having seen his wife and daughter off at the airport, he went into town on a drinking spree. He drunk approximately 12 pints of lager and 6 vodkas. Whilst at the Great Western Public House he was abusive to the barmaid using foul and disgusting language. A bystander tried to quieten him down and without provocation, the defendant picked up a glass from the bar and smashed it over his head causing a 7 to 8cm wound above the left ear within the victims hairline. The defendant then ran from the scene. He was followed by the Manageress, who later identified him and pointed him out to police officers who arrested him. He was interviewed when sober the following day. He was fully co-operative, admitted a drinking problem and could not recall the incident as described by the victim and the witnesses.

Details of Mitigation:

Real remorse at what he had done. Within days of committing the offence he sought help for his addiction from the Drug and Alcohol Abuse Centre and embarked upon a "Prescription for Health Programme" which is a GP referral scheme and which he was apparently completing well. Excellent references. Had agreed with employer to an amendment in his contract whereby he would be instantly dismissed if he consumed alcohol.

Previous Convictions:

A poor record of 14 previous convictions mainly drink related. One of assault upon a police officer when he was 18 in respect of which he was fined £10. No other violent offence.

Conclusions:12 months imprisonment

Sentence and Observations of Court:12 months Probation Order, with 240 hours community service.

£500 compensation order payable within 2 weeks or 1 months imprisonment in default of payment.

The Court referred to Evans -v- Attorney General (9 May 1997), at page 65, remarking that there must be strong reasons for departing from the band of 3-5 years as laid down by the Court of Appeal. The Court also observed that the Probation Report had been excellently prepared. The Court told the defendant he was extremely fortunate that they were not going to imprison him.

  Mrs S Sharpe, Crown Advocate

Advocate A Messervy for the accused

THE DEPUTY BAILIFF: In the case of Evans -v- Attorney General, (9^th May, 1997) Jersey Unreported CofA, the Court of Appeal approved guidelines for sentencing in grave and criminal assault cases. The starting point is to be selected from within a band which will normally, but not invariably, range from 3 to 5 years, thereafter mitigation is to be applied to that starting point figure to yield a sentence. The Court is of course bound by these guidelines unless we can find a strong reason to impose an individualised sentence.

It was put in the same way Attorney Generals Reference Nos: 3 and 4 of 1996, (Alan Anthony Healy and Robert William Taylor):(1997) 1 Cr. App. R (S) 29:

We have therefore to have all those matters very clearly in our minds when examining all the matters that Mr Messervy has most carefully put before us.

This was a disgraceful episode brought about by a man who went out on a binge. He had had about 12 pints of lager, and about 6 vodkas, when this totally unwarranted glassing occurred on an innocent member of the public - and the fact that he was so drunk is no defence whatsoever. However, Mr Messervy has pointed out to us various matters which, he says, are unusual. We agree with him that the bad record has nothing of this kind of violence in it; he has shown total remorse, and within days of this assault he was attending at the Alcohol and Drugs Service of his own volition, and he has also spent time at the Prescription for Health Scheme which is a GP or Specialist referral scheme.

He is highly spoken of by his employers and has voluntarily drafted an appendix to his employment contract which will mean instant dismissal if he drinks again. These are mitigating factors, but particularly cogent are the matters contained in the excellently detailed probation report.

We have weighed everything in the balance and the Court will not in fact impose a prison sentence. I think you may consider yourself extremely fortunate. We are going to sentence you to probation for 12 months: you are to carry out 240 hours of community service within that time, and a compensation order of £500 is to be paid to the Viscount within 2 weeks or 1 month imprisonment in lieu.

Authorities

A.G -v- Norris (3 June 1992) Jersey Unreported

A.G -v- Taylor (24 July 1994) Jersey Unreported

A.G -v- Howell (5 June 1998) Jersey Unreported

A.G -v- Hunt ( 24 February 1989) Jersey Unreported

A.G -v- O’ Brien, Gourlay (11 October 1996) Jersey Unreported

A.G -v- Ewing (24 October 1997) Jersey Unreported

Attorney General’s Reference, Nos: 3 & 4 of 1996:

(Alan Anthony Healey and Robert William Taylor) [1997] 1 Cr App. R. (S) 29