Jersey Unreported Judgments

 2001/103

ROYAL COURT

(Samedi Division)

11th May 2001

The Attorney General

-v-

Ashley Anaise Hamon

Age:     25

Plea:    Guilty

Details of Offence:

Hamon had been out drinking with friends that evening.  They later gave statements saying how she had been drunk and aggressive during the course of the evening.  At the end of the evening Hamon happened upon the victim, a female of similar age, who had been making her way home.  There was a history of antagonism between the parties such that the victim turned around and tried to leave the scene without incident.  Hamon ran after her and pulled her to the ground by her hair whereupon she delivered a number of kicks to the right side of the victims ribs, to the back and to the legs and she also delivered a number of punches.  Eye witnesses said that the victim could not defend herself and commented on the speed and severity of the assault.  The victim struggled to get up and whilst kneeling was kicked once to the head by Hamon, connecting with the victim's jaw.  Fortunately there was no serious injury, but the victim was cut and bruised.  It was an unprovoked assault and the Crown regarded the fact that Hamon had chased after her victim as an aggravating feature.

Details of Mitigation:

Hamon had had a very difficult upbringing including having been the victim of sexual abuse.  This no doubt in part explained her pattern of offending for she had prior convictions for offences of assault and public disorder, including a prior conviction for grave and criminal assault for which she was placed on probation by the Royal Court, although she subsequently breached that probation order resulting in a sentence of 6 months' imprisonment.  She had protested that she did not kick the victim to the head but the fact that she came to plead guilty eventually, and a Newton Hearing was avoided, stood to her credit.  Also there was a very positive probation report.  Reference was made to her having suffered from depression, but in more recent weeks she had made a significant effort to turn her life around and had obtained training as a care nurse.  The probation officer recommended community service.

Conclusions:

12 months imprisonment.

Sentence and Observations of Court:

An unprovoked assault of this type would normally lead to a substantial sentence of imprisonment.  However, in addition to the mitigation mentioned, the Court had been particularly impressed by the way in which Hamon had turned her life around.  The case would be treated as exceptional and for that reason the Court placed Hamon on probation for a period of 12 months' (supervised)  with a condition that she performs 180 hours of community service within 12 months.  She was clearly warned that any breach would likely result in her return to Court and a sentence of imprisonment. 

A.D. Robinson, Esq, Crown Advocate.

Advocate N.J. Chapman for the accused.

JUDGMENT

THE DEPUTY BAILIFF:

1.        This was an unprovoked assault.  It appears to have arisen because of a history of antagonism between you and the victim, but nevertheless, it would normally lead to a substantial prison sentence.  Mr Chapman has made a number of points in mitigation.  He has referred to your guilty plea, to the very unfortunate background and events in your childhood and we know how difficult it can be to come to terms with such matters.  But what has really impressed us are your efforts to turn your life around in recent months.  This offence took place a year ago.  In the meantime, you have been in England.  Whilst there, you have worked in a residential home and you have gained some NVQ's and hope now to complete them and to work in that field in Jersey.

2.        We have considered this matter very carefully and have not found it easy because we are conscious of the need to have regard to the safety of the public who walk around the streets of St. Helier.  But we do regard this as being a fairly exceptional case and we are, therefore, not going to send you to prison. 

3.        The sentence of the Court is that you will perform 180 hours community service within a twelve month period.  We are also going to place you on a supervised probation order for twelve months because we think you will benefit from having a probation officer, to whom you can turn and who will be able to guide and help you during the period.  Let me just warn you of this, Miss Hamon.  You must do what the probation officer says, you must complete your community service, as directed.  You must turn up when told because if you do not, you will be brought back here.  Similarly, you will be brought back here if you re-offend in anyway.  We hope that you can address your drink problem, in the meantime and we hope not to see you back here but if you are brought back, you must realise that the very likely outcome is that you will then be sent to prison.

No Authorities