Jersey Unreported Judgments

2000/41

3 pages

ROYAL COURT

(Samedi Division)

 

3^rd March, 2000

 

Before:    Sir Philip Bailhache, Kt., Bailiff

                                                      Jurats Le Brocq and Bullen

 

 

The Attorney General

 

-v-

 

Helen Frances Adams

 

4 counts of                                                  grave and criminal assault (counts 1,2,3,4);

1 count of possession of an offensive weapon, contrary to Article 27 of the Firearms (Jersey) Law 1956 (count 5);

1 count of causing a breach of the peace (count 6).

 

Age:          25

 

Plea:         Guilty

 

Details of Offence:

 

Police officers called to defendant's accommodation where she was threatening to jump from a window.   Heavily intoxicated.   Subsequently brandished kitchen knife (10 inch blade) at four police officers and had to be forcibly disarmed.

 

Details of Mitigation:

 

Guilty pleas and co-operation.   Probation Report, Psychological and Psychiatric Reports pointed to serious problems and a very troubled childhood and past.   She has two young children (now estranged from father) who would suffer if she was imprisoned.   Was now receiving psychological help.   No injuries caused - weapon did not make contact with victims.

 

 

Previous Convictions:

 

Conclusions:               1 year's probation; 240 hours' community service; to continue receiving psychological treatment as directed.

 

 

Sentence & Observations of Court:  2 years' probation; 240 hours' community service; to continue receiving psychological treatment,    as directed.   Very serious offences.  Normally custodial sentence imposed.   However, quite exceptional mitigation in reports enabled Court to follow conclusions of the Crown.

 

 

 

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

                                               Advocate J. Grace for the accused.

 

 

JUDGMENT

 

THE BAILIFF:  Miss Adams, we are going to grant the conclusions - with one modification - and we are going to put you on probation but I want to say some things to you to make sure that you understand why we are placing you on probation.  The Court regards threatening police officers with a knife in the way in which you did as extremely serious and it is the kind of offence which, other than in exceptional circumstances, leads to a prison sentence.  So we want you to understand that you are very fortunate that the Court is not going to impose a substantial prison sentence. 

 

                        The Court has taken into account all the matters which have been laid out very clearly in the background reports and we do not need to rehearse these in open court but they are the reasons why we are going to place you on probation.  We hope that you will take the advice and the help which is being offered to you and that you will be able to make something of your life and never again commit this kind of offence. 

 

                        The Court, therefore, on each of the counts on the indictment, is going to place you on probation.  We have modified the conclusions slightly.  We are going to place you on probation for 2 years and it is a condition of the Probation Order that within 12 months you complete 240 hours of community service and that you attend as you may be required to do by the appropriate authorities to receive help and guidance from the consultant or other psychological advisers.

Authorities

A.G. -v- Ashford & Such (12^th July, 1996) Jersey Unreported.

A.G. -v- Burnell (9^th April, 1990) Jersey Unreported.

A.G. -v- Gibaut (31^st May, 1985) Jersey Unreported.

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