ROYAL COURT
(Samedi Division)
30th July, 1999
Before: Sir Philip Bailhache, Bailiff of Jersey,
Jurats: Rumfitt, Le Breton
AG
v
Adrian Mark Henry
1 count of Grave and Criminal assault. (count 1)
1 count of Malicious Damage (count 2)
Admitted breach of one year Binding over Order made in the Magistrates Court on 8 March, 1999, following guilty plea to:
1 count of urinating in public (count 1);
1 count of being drunk and disorderly (count 2);
1 count of resisting police officer in execution of his duty (count 3).
Age: 26
Plea: Guilty
Details of Offence:
On the 3 May 1999 after drinking all day, Henry was threatened and generally treated in an aggressive manner ( including one punch ) in a public house by the victim over an alleged debt of £40 to a third party. The victim was asked to leave. Shortly afterwards, at about midnight, the defendant and girlfriend also left. After visiting another public house and taking his girlfriend home, the defendant went to the victims home in order to "do" him. The defendant picked up a piece of concrete with sharp edged granite pieces, placed it inside one of his socks and entered the premises. He struck the victim, who was asleep in a drunken stupor, on the left side of the head causing lacerations to the ear and the head immediately behind the ear. He then ran out and threw the stone through the glass window so that it landed in the bedsit. Aggravated factors including (i) premeditation (it was some 1½ to 3 hours after the incident in the public house); (ii) the assault was cowardly involving a violent attack on a man asleep in a drunken stupor; (iii) although only minor injuries were caused, medical evidence was to the effect that, given the weight of the stone and the force with which it was wielded, serious injuries could have been caused to the skull and underlying brain of the victim; (iv) defendant initially showed no remorse in that he did not make enquiries as to injuries or alert the police or ambulance.
Details of Mitigation:
(i) plea of guilty; (ii) previous good character; (iii) the victim was the aggressor at the incident in Blarney’s; (iv) most significantly the defendant had been frank and co-operative. There was no forensic evidence and no eye witnesses so that his guilty plea was of very significant weight for which he was entitled to substantial credit; (iv) he had subsequently expressed considerable remorse; (v) there was a recommendation from the Probation Service for community service and probation. Excessive drinking caused because of break up of relationship and difficulty in seeing children.
Previous Convictions: None (save those in respect of the Binding Over Order)
Conclusions:
Count 1: 18 months imprisonment
Count 2: 1 month imprisonment, concurrent
Beach of Binding Over Order:
Count 1: 1 month imprisonment
Count 2: 1 month imprisonment, concurrent
Count 3: 1 month imprisonment, concurrent
Sentences passed on indictment to follow consecutively sentences passed on breach of binding over order: i.e. total 19 months
£48 compensation to Order to Vielco Investments, or two weeks imprisonment in default of payment, consecutive.
Sentence and observations of Court:
Conclusions granted, save that indictment and breach of binding over sentences to run concurrently. Compensation Order £48 for malicious damage. Court took note of the strong mitigation but this was an assault which could have killed the victim.
Attorney General
Advocate A Messervy for the accused
JUDGMENT.
THE BAILIFF: Henry, the Court has taken very careful account of all the things which your Counsel has said to us on your behalf, and indeed all the good aspects of your character which he has rightly emphasised. But at the end of the day you could easily have killed the man whom you struck with that rock, and we must punish you for the crime which you have admitted.
Now, subject to what I am about to say, the conclusions of the Attorney General are granted, and you will be sentenced on count 1 to 18 months imprisonment; on count 2 to 1 month imprisonment, concurrent, making a total of 18 months imprisonment. We discharge the binding over order and you will be sentenced on the offences for which you were bound over by the Magistrates Court to 1 month on each charge. We make those sentences, however, concurrent with the sentences which we have just imposed. We order you to pay compensation in the sum of £48 to Vielco Investments Limited and in default to serve two weeks imprisonment consecutive, but that default sentence will not come into force until one month after you have served your sentence for the grave and criminal assault, which will give you the opportunity of paying the compensation order rather than serving the custodial sentence.
Authorities
A G -v- Norris (3rd June, 1992) Jersey Unreported.