Jersey Unreported Judgments

ROYAL COURT

(Samedi Division)

13 December 1999

Before: Sir Philip Bailhache, Bailiff, and

Jurats Rumfitt and Allo

AG

v

Steven Cobban Shewan

1 count of affray ( count 1)

1 count of malicious damage (count 2)

1 count of grave and criminal assault (count 4)

(The accused pleaded not guilty to count 3, which plea was accepted by the Crown]

Plea: Guilty

Conclusions:

Count 1: 2 years imprisonment.

Count 2: 10 months imprisonment, concurrent; £834.57 compensation order in favour of Randalls Vautier, or 6 months imprisonment, consecutive, in default of payment.

Count 4: 1 year 8 months imprisonment, consecutive

TOTAL: 3 years 8 months imprisonment, with 6 months imprisonment consecutive in default of payment of £834.57 compensation order

.

Sentence and observations of Court:

Conclusions granted, save in respect compensation order, which is to be paid at rate of £50 per week on release from prison, or 2 months imprisonment consecutive in default of payment.

TOTAL: 3 years 8 months imprisonment, with 2 months imprisonment consecutive in default of payment of £834.57 compensation order, to be paid at rate of £50 per week on release.

C E Whelan, Crown Advocate

Advocate C M Fogarty for the accused

JUDGMENT

THE BAILIFF: For reasons which we understand, the Crown Advocate has outlined the procedural history involving this accused, concerning his conviction, sentence, and successful appeal, in relation to offences including those to which he has now pleaded guilty. I wish however, to make it clear, as indeed the Crown Advocate has encouraged us to do, that I have directed the Jurats to put out of mind the sentences imposed by the Superior Number and to approach the matter completely afresh.

Shewan has pleaded guilty to offences of affray, malicious damage, and grave and criminal assault. Mr Whelan has correctly underlined the terror experienced by members of the public, as the accused and his accomplices went on a violent rampage in the Eagle Tavern.

The grave and criminal assault by threatening a police officer with a knife, and subsequently throwing it at him is unacceptable conduct which has to be met with a lengthy prison sentence. Those who protect the public from this kind of savage behaviour are entitled to receive - and will receive - such protection as the Court can give.

Shewan, we have given very careful consideration to all the points which have been very well made by your Counsel, and in particular to the good things which you have done, and about which we have heard, whilst you have been in prison. We hope that you will learn to control the aggression which sometimes seems to overcome you, and that when you come out of prison you will build upon the foundations which you have begun to construct.

We are going to modify slightly the conclusions as to the compensation order, but otherwise grant the conclusions, and you are accordingly sentenced on count 1 to 2 years imprisonment, on count 2 to 10 months imprisonment, concurrent, and we order you to pay compensation in the sum of £834.57 with a consecutive term of 2 months imprisonment in default if the compensation order is not met, and we order that the compensation be paid at the rate of £50 per week beginning one month after you have been released from prison. On count 4, the grave and criminal assault on the police officer, we sentence you to 1 year and 8 months imprisonment consecutive, making a total of 3 years and 8 months imprisonment, compensation in the sum of £834.57 with a consecutive term of 2 months imprisonment if that compensation is not paid.

No authorities