ROYAL COURT
(Samedi Division)
3 September 1999
Before: Sir Philip Bailhache, Bailiff, and
Jurats Le Ruez and Georgelin
AG
V
Jason Mark Chevalier
Justin John Charles Riant
1 count of:grave and criminal assault.
Age:
J.M. Chevalier:23 at date of offence
J.J.C. Riant:22 at date of offence
Plea: Guilty
Details of Offence:
Both accused bore a grudge against the victim. They decided to drive to a car park where the victim was working on his car with a view to giving him a hiding. They administered a persistent beating which included a number of kicks to the face and body. Fortuitously, the injuries suffered by the victim, although serious, did not involve permanent damage. There was no bone injury but the victim was severely bruised, suffered multiple abrasions and a severely bruised eye. The assault was aggravated by the fact that it was premeditated and involved two assailants. It lasted some minutes and was in a public place.
Details of Mitigation:
Comparative youth. Difficult backgrounds although not exceptionally so. Pleas of guilty, although Chevalier was initially unco-operative with the Police. Chevalier had tried to persuade Riant to break off the assault at one point, although he was probably motivated by a fear that the assault was being captured by a security camera.
Conclusions:
Chevalier:2 years and 9 months imprisonment.
Riant:3 years imprisonment.
The slight distinction drawn between them based on fact that an independent witness considered Riant to be the main aggressor and Chevalier had tried to persuade Riant to break off the assault.
Sentence and Observations of the Court:
Chevalier:2½ years imprisonment
Riant:2½ years imprisonment
Both had behaved in a cowardly and despicable way. The court considered both to be equally responsible and would deal with them accordingly. However, the Court was encouraged by their expressions of remorse. Having regard to the Norris guidelines the Court would sentence both accused to 30 months imprisonment.
A D Robinson, Crown Advocate
Advocate J D Kelleher for Chevalier
Advocate A Messervy for Riant.
NO RECORDED JUDGMENT
Authorities.
AG-v-Norris (1992) JLR N.11.
Norris-v-AG (28th September, 1992) Jersey Unreported CofA.
Evans & Phillips-v-A.G. (1997) JLR 94 CofA.
AG-v-O’Sullivan & Bellamy (5th September, 1997) Jersey Unreported.
AG-v-Knowles (26th June, 1998) Jersey Unreported.
Knowles-v-AG (8th February, 1999) Jersey Unreported CofA [1999.027]