Jersey Unreported Judgments

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URL: http://www.bailii.org/je/cases/UR/2000/2000_114.html
Cite as: [2000] JRC 114

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2000/114

ROYAL COURT

(Samedi Division)

23rd June, 2000

Before:

Sir Philip Bailhache, Bailiff, and

Jurats Le Ruez and Bullen

The Attorney General

-v-

Stephen Blackley

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 25th January, 2001, following a guilty plea to the following charges:

1 count of:	being drunk and disorderly (count 1);
1 count of:	resisting a police officer in the execution of his duty (count 2);
1 count of:	grave and criminal assault (count 3).

Age: 24

Plea: Guilty.

Details of Offence:

1 and 2. Whilst drunk, shouted abusive and racist remarks at the door staff at The Venue. Refused to leave the area when requested to do so by police. Made to headbutt police officer and struggled violently.

3. At the Warehouse at approximately 1.00 a.m. having drunk 6 vodkas and 4 pints of lager, pushed beer glass into victim's face. No physical provocation. Possible minor verbal exchanges. Continued to punch victim after glassing him until restrained.

Details of Mitigation:

Guilty plea. Remorse. Difficult background. Injuries fortunately not permanent.

Conclusions:

Count 1:	1 week's imprisonment;
Count 2:	2 weeks' imprisonment, concurrent;
Count 3:	4 years' imprisonment, concurrent.

TOTAL: 4 years' imprisonment.

Sentence and Observations of Court:

Count 1:	1 week's imprisonment;
Count 2:	3 weeks' imprisonment, concurrent with count 1, but consecutive to count 3.
Count 3:	3 years 3 months' imprisonment.

TOTAL: 3 years, 3 months and 3 weeks' imprisonment with 18 months' exclusion from 1st and 7th category licensed premises.

T.J. Le Cocq, Esq., Crown Advocate;

Advocate W. Grace for the accused.

JUDGMENT

THE DEPUTY BAILIFF:

1. This was a piece of gratuitous violence brought about by excessive drinking which could easily, but for good fortune, have blinded the victim. The Court will not tolerate this kind of aggressive behaviour, whether in licensed premises or elsewhere, and a custodial sentence must be imposed.

2. We take into account the mitigating factors mentioned by your counsel and in particular the fact that you pleaded guilty to the indictment and the remorse for your actions which you expressed to the Probation Officer which we accept as being genuine. Those factors have enabled the Court to reduce the conclusions on count 3, although we think that the sentences on counts 1 and 2, though concurrent with each other, should follow count 3 consecutively, because drunkenly aggressive behaviour towards the police should attract additional punishment. We hope that when you come out of prison after serving your sentence you will control your drinking and make something of your life.

3. On count 1, you are sentenced to 1 week's imprisonment; on count 2, you are sentenced to 3 weeks' imprisonment, concurrent with count 1, but consecutive to count 3; on count 3, you are sentenced to 3 years and 3 months' imprisonment, making a total of 3 years, 3 months and 3 weeks' imprisonment. We also make an exclusion order excluding you from First and Seventh Category premises for 18 months to date from your release from prison.

Authorities

Falle -v- AG (19th June, 1995) Jersey Unreported.

AG -v- Swanston (19th October, 1998) Jersey Unreported.

AG -v- Mallet (24th May, 2000) Jersey Unreported.

AG -v- McLean & Lockhead (18th March, 1994) Jersey Unreported.

Licensed Premises (Exclusion of Certain Persons) (Jersey) Law 1998.