ROYAL COURT
(Samedi Division)
10 December 1998
Before: FC Hamon, Esq., Deputy Bailiff, and Jurats
Potter and de Veulle
Damian Robin Baker
-v-
AG
Appeal against a total sentence of four months imprisonment, passed on 26 October 1998, following a guilty plea to:
1 count ofindecent assault (count 1) on which count a sentence of four months imprisonment was imposed.
1 count ofindecent exposure (count 2) on which count a sentence of four months imprisonment, concurrent, was imposed.
Appeal allowed, sentence quashed; sentence of ten weeks imprisonment substituted, allowing immediate release.
Mrs S Sharpe, Crown Advocate
Advocate J C Gollop for the Appellant
JUDGMENT
THE DEPUTY BAILIFF: We agree with the Court below that this was a disgusting episode of loutish drunken behaviour in the centre of town. The young lady clearly suffered no ill effects and was reluctant to press charges, but if she had been traumatised in any way we would have had no hesitation in supporting the decision of the learned Magistrate. We feel in this case that justice is best served - as the accused has already spent ten weeks in custody - if we reduce the sentence from four months to ten weeks which will mean his being released today.
Authorities
AG -v- Drumond (7 November 1997) Jersey Unreported
AG -v- Foster (22 November 1991) Jersey Unreported