Jersey Unreported Judgments

                                                                                                                                                                                                                                                                              2000/40

                                                                                                                                        3 pages

ROYAL COURT

(Samedi Division)

 

3^rd March, 2000.

 

Before:    Sir Philip Bailhache, Bailiff and

                                                      Jurats Le Brocq and Bullen

 

 

The Attorney General

 

-v-

 

Karen Hervé

 

                 

count 1:  common assault;

count 2:  grave and criminal assault.

 

Age:          25

 

Plea:         Guilty.

 

Details of Offence;

 

1. Threw two dinner plates at a woman in position of authority at The Shelter.   Then attacked her, pulling her hair out and breaking her spectacles.   Apologised afterwards.   Defendant had consumed considerable amount of alcohol.

 

2.  Slashed neck of victim with broken bottle during verbal altercation.   Several parallel long incisions made.   Required stitches.   Both defendant and victim had consumed a considerable amount of alcohol.

 

Details of Mitigation;

 

Guilty plea and co-operation.   Apparent remorse.   Probation Report disclosed very troubled history from childhood.   Inadequate character.   Would not respond to a Probation Order.

 

Previous Convictions:      Long record offending with one for violence (September 1999).

 

 

Conclusions:               count 1:                              3 month's imprisonment.

                      count 2:   3 years' imprisonment, consecutive.

                      TOTAL:    3 years' and 3 months' imprisonment.

 

Sentence & Observations of Court:

 

count 1:  3 months' imprisonment.

count 2:  2 years' imprisonment, consecutive.

TOTAL: 2 years and 3 months' imprisonment.

 

Shelter employee attack aggravated by fact that victim was in authority.

 

 

 

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

                                            Advocate S. J. Young for the accused.

 

 

 

 

 

 

JUDGMENT

 

THE BAILIFF: Those who work at the Shelter are performing a very valuable service to the community.  The violent attack on the staff member in this case was quite unacceptable and must be punished by a prison sentence.  We agree with the Crown Advocate that the sentence for the common assault must be made to run consecutively to the sentence for the grave and criminal assault.  So far as the grave and criminal assault is concerned, however, the Court feels able to give rather greater allowance for the appalling background of the accused and the other mitigation including, in particular, the guilty plea than was allowed by the Crown.  The sentence of the Court is that you will go to prison for 3 months' on count 1 and on count 2 for 2 years consecutive making a total of 2 years and 3 months' imprisonment.

 

Authorities

A.G -v- Mauger (16^th May, 1997) Jersey Unreported.

A.G. -v- Jones (17^th December, 1999) Jersey Unreported.

A.G. -v- Aubert (25^th July, 1988) Jersey Unreported.

A.G. -v- McCaw (2^nd October, 1998) Jersey Unreported.

A.G. -v- McLean and Loughhead (18^th March, 1994) Jersey Unreported.